Realignment of federal environmental policies to recognize fire’s role
Fire Ecology volume 20, Article number: 74 (2024 ) Cite this article
Enactment of the Clean Air Act (CAA), Endangered Species Act (ESA), and National Environmental Policy Act (NEPA), three of the primary federal environmental laws, all coincided with the height of fire suppression and exclusion in the United States. These laws fail to acknowledge or account for the importance of fire in many fire-adapted and fire-dependent ecosystems, particularly in the American west, or the imperative for fire restoration to improve resiliency and reduce wildfire risk as identified by western science and Indigenous knowledge. We review the statutory and regulatory provisions of these federal laws to identify how the existing policy framework misaligns with the unique role of fire in ecosystems and with Tribal sovereignty, identify specific barriers and disincentives to beneficial fire use, and propose specific policy reforms.
The CAA, the ESA, and NEPA inhibit the use of beneficial fire as they are founded in a policy framework that treats fire restoration and maintenance as a federal action or human activity, rather than as a natural, baseline, or keystone process. The emergency exceptions in these policies reduce accountability and incentivize the wrong kind of fire, and compliance creates a perverse outcome by disincentivizing fire restoration. Further, these federal policies impede Tribal sovereignty.
