The House Transportation and Infrastructure Committee has passed H.R. 3300, the Forest Protection and Wildland Firefighter Safety Act, a bill introduced by Congressman Doug LaMalfa. The legislation aims to streamline the use of aerial fire retardant in wildfire suppression by removing Clean Water Act permitting delays. The bill clarifies that firefighting agencies do not need a National Pollutant Discharge Elimination System permit to use fire retardant from aircraft during wildfires.
โFirefighters shouldnโt have to wait on a permit to fight a fire. With wildfire racing toward homes and forests, limiting or delaying the use of fire retardant due to waiting for bureaucracy to permit it is backward logic that gets people hurt and leaves entire landscapes scorched,โ said Congressman LaMalfa.
โAerial retardant has been used safely for decades. What these lawsuits and delays really do is handcuff the very people trying to stop disaster. Iโm glad to see this bill pass through committee, and Iโll keep working to make sure our firefighters can do their jobs without interference from fringe lawsuits or red tape,โ continued LaMalfa
In 2022, a lawsuit argued for the regulation of aerial fire retardant under the Clean Water Act. Although a federal court ruled that permits are required, the court did not halt retardant use during fire season. The permitting process could take years, risking future litigation that might force firefighters to operate without retardant. This would endanger lives and property.
The United States Forest Service has testified that aerial retardant is vital to its wildfire strategy and that its use is carefully managed to protect waterways. Over the last decade, less than 1% of retardant drops have impacted waterways.
