Lawsuit Over Fire Retardant Use On Forestlands
Washington, CA — The US Forest Service is facing a lawsuit that could impact the use of retardant as a firefighting tool.
While the legal challenge was filed in Montana, it would impact fighting fires on forestland across the country, including California. The lawsuit argues that the US Forest Service’s use of the pinkish-red retardant (a mix of ammonium polyphosphate, water, and additives) is often done in violation of the federal Clean Water Act.
The environmental group, Forest Service Employees for Environmental Ethics, argues that the Forest Service should have to get a permit from the EPA before dropping any retardant. The group is also requesting that a judge issue an injunction that would temporarily prevent the Forest Service from using fire retardant until a permit system is developed and put in place. Fire retardant is considered a critical tool for slowing a fire’s spread, especially during the early stages, when there are often no boots on the ground.
The lawsuit is being closely watched by other fire agencies as well, because if the EPA decides to create a permit system for retardant use, it could be a requirement for any who use retardant as a tool.
A coalition has joined together to oppose the lawsuit, including the City of Paradise, which was devastated by the Camp Fire in 2018.
The Forest Service has not commented on the lawsuit.
