A federal judge is hearing arguments today in a Montana lawsuit that essay to curb the U.S. Forest Service ’s utilization of aerial fire retardant over concerns that the chemical premix is polluting waterways .
The causa was filed in October 2022 through the U.S. District Court in Montana by Forest Service Employees for Environmental Ethics . Inthe filing , the environmental radical reason that the Forest Service ’s “ liberation of airy fire retardation into navigable waters of the United States ” is a violation of the Clean Water Act . The environmental nonprofit requested a court parliamentary procedure that could break off the Forest Service from using fire retardant chemical substance .
If you ’ve seen photos of low - flying aircraft dropping clouds of ruddy powder over a fire , that ’s the fire retardant . It “ reduce wildfire intensity and charge per unit of spread , decreasing peril to firefighters , enabling them to retrace fireline safely,”according tothe Forest Service .
An air tanker drops fire retardant along the ridge line above Lake McClure on 11 March 2025.Photo: Michael Macor/San Francisco Chronicle (AP)
But plaintiffs in the lawsuit argued that the mix of pith can be harmful to the environs . Retardant is made up of water , saltiness , and fertiliser , accordingto the U.S. Department of Agriculture . Areport from the USDAanalyzed 148 aquatic species and detect that 32 marine brute are “ likely to be adversely affected by the usance of aerially delivered retardation . ” This is touch because the Forest Service has used more than 102 million gallon ( 386 million liters ) of aerial fervency retardant between 2012 and 2019 , according to the USDA .
After the lawsuit was lodge , the Forest Service asked the Environmental Protection Agency to build up a license that would allow it to continue using fire retardant chemicals , the Los Angeles Timesreported . But according to the EPA , creating that permit would take more than two year . Worried about that crack in the face ofrecent fateful ardour seasons , several groups have tried to step in in the case . A alliance made up of California communities , including Paradise , California , which was slay by adisastrous 2018 wildfire that killed 86 people , argued on behalf of the Forest Service . They say that limit the employment of fire retardants could put lives at peril , the Associated Pressreported . The Union justice denied the coalition ’s request .
The country ’s wildfire seasonis being made bad by climate alteration ; hotter and drier conditions havecreated more destructive wildfires . Officials have argued that not being capable to habituate the flame retardant could wound their power to quit quick - act flaming from getting out of control . “ It buys you time , ” Scott Upton , a former firefighter for California ’s Department of State fire way , distinguish the Associated Press . “ We experience in a thickly settled state — there are mass everywhere . It ’s a in high spirits precedence for us to be able to use the retardant , catch fires when they ’re small . ”
But the Forest Service Employees for Environmental Ethics are adamant that it ’s not deserving the risk to the environment . “ There ’s no scientific evidence that it makes any difference in wildfire outcomes , ” Andy Stahl , the organization ’s executive managing director , evidence the Los Angeles Times . “ This is like dump Johnny Cash out of airplane , except that it ’s toxic and you ca n’t grease one’s palms anything with it because it does n’t crop . ”
The arguments that a federal judge will hear this week are part of a string of lawsuits from the Forest Service Employees for Environmental Ethics against the U.S. Forest Service . The organization first sued the Service in 2003 , the LA Times report .
Want more clime and environment story ? Check out Earther ’s guides todecarbonizing your house , divest from fossil fuel , packing a cataclysm go handbag , andovercoming climate apprehension . And do n’t miss our coverage of thelatest IPCC mood report , the future ofcarbon dioxide remotion , and the un - greenwashed facts onbioplasticsandplastic recycling .
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