Sign In or Create an Account.

By continuing, you agree to the Terms of Service and acknowledge our Privacy Policy

Climate

An Unlikely Foe Is Slowing the Fight Against Wildfire Pollution

The Clean Air Act isn’t helping.

•
Richard Nixon and wildfire smoke.
Heatmap Illustration/Getty Images, Wikimedia Commons

Wildfire smoke is making air pollution in the United States a lot worse, as anyone in New York City last week can attest. Yet the regulatory tools that have done so much to reduce emissions from cars and smokestacks may actually be getting in the way of effectively managing forests in order to prevent massive, out of control fires.

The increasing importance of wildfire smoke, and the structural policy changes required to fight it — from overhauling forestry practices to worldwide reductions in greenhouse gas emissions — may require a rethinking of how public policy is supposed to protect people from pollution.

Catalytic converters in cars have visibly cleared the air even in the most traffic-jammed cities; getting rid of lead in gasoline has made children smarter; efforts to fight acid rain were so successful that the paucity of it is now seen as a reason to ignore current environmental problems. But all these efforts were aimed at limiting emissions from particular sources, like factories and vehicles, not fires that consume tens of thousands of acres across a mixture of federally managed and privately held land.

This is the paradigm of pollution policy, Kirsten Engel, a law professor at the University of Arizona, told me. Policymakers go to “particular point sources” like factories, cars, and refineries to keep the pollutants they generate below national standards. “Of course wildfires don’t fit that paradigm," she said. “They’re not a point source that’s easily controlled.”

Under the Clean Air Act, states and regions are mandated to meet National Ambient Air Quality Standards, levels of six air pollutants that the EPA sets out — including the tiny particulates that wildfires spew out, known as PM2.5. But many of those wildfire days are essentially not counted under the Clean Air Act rules, as they’re ruled to be “exceptional.” The logic behind this framework is that states should not be held responsible for emissions they can’t reasonably control. Without the exceptional event framework, extreme wildfire events could essentially force mass shutdowns of industry in regions affected by it.

But the framework is being pushed to its limits. Utah State University researcher Liji David found that, between 2000 and 2017, “Wildland fires were the primary driver for PM2.5 exceptional events,” with regions in the western United States having the most such events. This means that a growing source of a form of pollution that’s supposed to be limited under the Clean Air Act is not even falling within the law’s purview. And this is having dramatic effects on air pollution nationally, to the point of partially reversing the gains under the Clean Air Act.

According to research by Stanford economist Marshall Burke and others, “since 2016, wildfire smoke has significantly slowed or reversed previous improvements in average annual PM2.5 concentrations in two-thirds of U.S. states, eroding 23% of previous gains on average in those states (equivalent to 3.6 years of air quality progress) and over 50% in multiple western states.”

Research by Marissa Childs, who contributed to the Burke paper, found that some Western areas “saw decadal increases in an annual smoke PM2.5...comparable in absolute magnitude to the reduction in PM2.5 brought about by the Clean Air Act in the US.”

The solution, explained Michael Wara, a researcher at Stanford, is a complete rethinking of forestry, indoor air quality, and of course, emissions reductions. This would entail overhauling forest management, including a massive increase in prescribed burns on federal, state, and private land. These intentional fires can remove fuel from a forest floor that would spark a larger, uncontrolled fire. Doing controlled burns adequate to the scale of the wildfire challenge would require essentially a total reversal of about a century of forest management policy in the United States.

Here the Clean Air Act isn’t merely silent, as it can be with wildfire, but may be actively inhibiting good policy. Whereas wildfire smoke can and often does get waived by states under the exceptional event framework, smoke from a prescribed burn can often is still counted or the prescribed burns are not done at all in order to maintain compliance with air quality standards. Advocates for controlled burns argue that the net amount of smoke — and therefore pollution — would be lower with a more aggressive and permissive policy for prescribed burns.

According to a Government Accountability Office report, officials at the Department of Interior want more leeway to conduct prescribed burns but feel inhibited by the EPA's use of the exceptional events rule and air quality standards. Land management officials also warned that their hands will be increasingly tied in areas that are already above or near the upper limit of air quality standards, particularly, as the EPA has proposed, if those standards become more strict.

One legal scholar has argued that the exceptional events designation should be flipped on its head entirely, and that the Environmental Protection Agency “should only exempt pollution from wildfire smoke when states take steps to mitigate extreme and increasing wildfire risk through effective land management with prescribed burns.”

“The EPA is philosophically at this point still not convinced of that idea,” Wara said.

Even beyond the rules around exceptional events, Wara said, more funding and a different culture of forest management are needed. “We don’t have a workforce, we don’t have a budget, we don’t have a career line that would support this kind of work. If you’re going to treat land in any way at the scale we’re talking about, we need an army,” Wara said.

Beyond wildfire prevention, there’s also the immediate responses to bad air, namely well insulated homes and workspaces with adequate filtration. “In the meantime you can’t let people die,” Wara said. “People need protection,” including air filters for seniors, who are at a higher risk of negative health outcomes from smoke.

“The most basic idea of the Clean Air Act and all environmental laws is to protect people and protect public health,” Wara said. “It’s not climate change, it’s not cute little creatures. The big political movement that drove change was to protect people. And I think we need to get back to that basic idea when it comes to the Clean Air Act.”

Yellow
🔒

You’ve reached your free article limit

Subscribe to Heatmap News for unlimited access to daily energy and climate coverage.
To continue reading
Create a free account or sign in to unlock more free articles.
or
Please enter an email address
By continuing, you agree to the Terms of Service and acknowledge our Privacy Policy
Politics

Miners Struck Gold With the Senate Permitting Bill

The proposal resolves an issue that has bedeviled the industry since 2022.

American mining.
Heatmap Illustration/Getty Images

Is Rosemont about to be BAAJA blasted away?

In a 2022 decision formally titled Center for Biological Diversity v. U.S. Fish & Wildlife Service, the Ninth Circuit Court of Appeals ruled that Rosemont Copper Company its claim under the General Mining Act of 1872 did not give the company license to dump literally millions of tons of waste rock on adjacent Forest Service land. Though Rosemont argued that the use fell under the law’s provisions for “mill sites” on public lands used for mining, the court found that because the parcel in question lacked valid mining claims of its own, the Mining Act did not justify its use under its own permissive regime.

Keep reading...Show less
Yellow
Spotlight

The New Push for Underwater Data Centers

Exploratory projects are making a splash in Maine and Alaska.

Wires and water.
Heatmap Illustration/Getty Images

A legal brawl is brewing over what could be the nation’s first underwater data centers.

Two subsidiaries of a new LLC named DeepGreen have applied for “preliminary” permits from the Federal Energy Regulatory Commission that would give four years of permission for studies and analysis towards constructing underwater data centers off remote coastlines in Maine and Alaska. The data centers as proposed would be powered entirely by tidal energy, as in, the power of waves themselves – a technological innovation from hydropower still being piloted around the world. Project descriptions submitted to FERC lay out what these data centers would look like in broad strokes: hundreds of hydrokinetic turbines, dozens of underwater “data center pods,” and miles of subsea cable. The permits would not authorize construction, which would need its own lengthy review process. But these early green lights would tee both areas up for years of potential conflict over hypotheticals that feel real to those on the ground.

Keep reading...Show less
Yellow
Hotspots

The Solar Opponents Begging Trump to Intervene in Michigan

And more of the week’s biggest fights around project development

The United States.
Heatmap Illustration/Getty Images

1. Ottawa County, Michigan – A congressional district House Democrats are targeting for control of the Lower Chamber is now a battleground over solar development on farmland, and I’m waiting to see if President Trump gets involved.

  • On Sept. 24, the Michigan township of Zeeland wrote a letter to the president – and reportedly Agriculture Secretary Brooke Rollins – requesting the federal government intervene in the development of RWE’s utility-scale Silver Maple Solar project. The letter to Trump which is public requests the president visit Zeeland and the project site to “provide an opportunity to meet directly with local farmers, business owners, elected officials, and residents who are living with the consequences of the poor policies you are fighting against.”
  • Shortly thereafter, Zeeland Township supervisor Kerri Bosma, who authored the letter, met with Rep. Bill Huizenga and presented him with a copy of the letter. “Thank you for reaching out Kerri and keep up the fight against this Lansing big government takeover!” Huizenga said on Facebook. Huizenga’s office did not respond to a request for comment on how they would support this request further.
  • This is remarkable because local officials are beckoning for Trump to arrive at a time when he’s historically unpopular and Huizenga’s congressional district is one being targeted by the Democratic Congressional Campaign Committee in this year’s midterm elections as a priority. Maybe this is about ginning up partisan red meat, as Huizenga’s opponent, State Sen. Sean McCann, has been publicly supportive of more solar development in agricultural communities.
  • Locals appear most irate with the state permitting primacy law which allows the state regulator, Michigan Public Service Commission, to supersede local opposition toward renewable energy projects. So far, the legality of that power is withstanding court challenges, and it’s unclear to me how the federal government could in any way stall this large solar farm aside from helping out in that legal effort on behalf of localities.
  • Clearly, RWE is confident they can go ahead – they just resubmitted their application to build the project with the MPSC, citing the primacy law’s survival in the courts.

2. Texas – The Lone Star State sure is action-packed right now, huh? Let’s break down a few of the most important fights.

Keep reading...Show less
Yellow