Water Grab Opponents Declare Victory: Nevada State Engineer Rejects SNWA’s Water Applications

Water Grab Opponents Declare Victory: Nevada State Engineer Rejects SNWA’s Water Applications

Featured image: Great Basin National Park from Spring Valley, Nevada

     by Great Basin Water Network

Ely, Nevada: A broad coalition of Nevadans committed to protecting the state’s water resources are declaring victory in their opposition to the SNWA groundwater pipeline. They applaud a ruling by the Nevada State Engineer denying all water rights applications for the project.

Great Basin Water Network and White Pine County say the decision is essentially a death-knell for the roughly 300-mile pipeline proposal. These groups oppose SNWA’s proposed groundwater export and pipeline project because it would cause catastrophic long term environmental harm to some of Nevada’s most pristine and treasured areas, and because it would cause long-term economic devastation to rural communities throughout eastern Nevada. Following favorable decisions in Nevada’s District and Supreme Courts, it appears that the Nevada State Engineer agrees.

“With the denial of these applications by the State Engineer, this ill-conceived multibillion dollar boondoggle is now dead in the water,” said Abigail Johnson of the Great Basin Water Network. “After a string of court victories, we have a decision showing that the water is not available for this project without hurting the area’s existing water rights and environment.”

“We welcome the State Engineer’s denial of SNWA’s applications, which clearly was required by Nevada water law, as the State District Court and Supreme Court have explained,” said the coalition’s attorney, Simeon Herskovits of Advocates for Community and Environment. “We do, however, disagree with the State Engineer’s gratuitous finding that SNWA’s monitoring, management and mitigation (or 3M) plan is adequate. Their slightly elaborated 3M plan remains as much of a sham as it always has been,” Herskovits added.

“White Pine County residents and rural Nevadans are glad that the limits of available groundwater resources have been acknowledged,” declared White Pine County Commissioner Gary Perea. “The denial of SNWA’s applications finally recognizes that, if allowed, the project would take more water than the system could bear, hurting existing water rights and the economies that depend on them.”

“We will continue to stand up and ensure that the State Engineer and SNWA follow the law, and protect our water rights and resources from overpumping and irreversible harm,” agreed another White Pine County Commissioner, Carol McKenzie, from Lund.

Kena Gloeckner, whose family has been ranching in Lincoln County’s Dry Lake Valley – a target of the project – for many generations, said “Not only would this groundwater project have jeopardized our family’s 150-year-old legacy and livelihood, but it would have also ended a way of life valued by local residents. Ranchers and farmers on the ground have long known that the aquifers in these rural valleys are interconnected and are at or near their limits – there is simply nowhere near the amount of water that SNWA wanted to take.”

Read more about the SNWA pipeline at DGR Southwest Coalition

Colorado River Dispatch #1: What Does the River Need?

Colorado River Dispatch #1: What Does the River Need?

Featured image by Michelle McCarron

Editor’s note: This is the latest installment from Will Falk as he follows the Colorado River from headwaters to delta, before heading to court to argue for the Colorado River to be recognized as having inherent rights. More details on the lawsuit are here. The index of dispatches is here.

     by Will Falk / Deep Green Resistance Southwest Coalition

When I agreed to serve as a “next friend” to the Colorado River in a first-ever federal lawsuit seeking personhood and rights of nature for the river, I agreed to represent the river’s interests in court. On a general level, it’s not difficult to conceptualize the Colorado River’s interests: pollution kills the river’s inhabitants, climate change threatens the snowpack that provides much of the river’s water, and dams prevent the river from flowing to the sea in the Gulf of California.

We seek personhood for the Colorado River, however, and this entails personal relationship with her. Water is one of Life’s first vernaculars and the Colorado River speaks an ancient dialect. Snowpack murmurs in the melting sun. Rare desert rain runs off willow branches to ring across lazy pools. Streams running over dappled stones sing treble while distant falls take the bass.

Personal relationship requires that you learn who the other is. Our first day in court is scheduled for Tuesday, November 14, at 10 AM [you’re invited to attend]. So, I will spend the next few weeks leading up to the court date traveling with the river, sleeping on her banks, and listening. I will ask the Colorado River who she is, and then, if she’ll tell me, I’ll ask her what she needs.

When I arrive at the United States District Court in Denver, I hope to bring the Colorado River’s answer.

(I’ll post notes from the road. And, I’m excited to be meeting up with the brilliant photographer Michelle McCarron soon.)

The Swamp Cedars and the Nevada Water Grab

The Swamp Cedars and the Nevada Water Grab

By Will Falk / Deep Green Resistance

The Swamp Cedars in Spring Valley, Nevada have grown long memories. They stand on the valley floor under the bright Great Basin stars where the skies are still unspoiled by the encroaching glow of electricity. Beneath the trees’ branches, the blue petals of wild irises flutter in the breeze. All of them – the trees, the flowers, the stars – sway to the soft melodies played by the valley’s bubbling springs.

Most of the Swamp Cedars’ memories are pleasant. Carried by glaciers to the valley floor sometime in the last two and a half million years, the Swamp Cedars remember when wooly mammoths plodded through the Great Basin. The wind through their leaves whispers of a time when the Swamp Cedars trembled under the shadow of great teraton birds who rode the skies with their 25-foot wingspans. When wild horses stop at the springs to share a drink with the Swamp Cedars, the trees tell stories of the fleet native horses and camels that once ran the open spaces of North America.

Dawn in Spring Valley still carries the hint of curiosity the Swamp Cedars felt on that morning so many thousands of years ago when they watched the first humans walk from the foothills to rest in the welcome shade the trees offered. They learned to expect the humans regularly as they gathered under the trees for sacred ceremonies. They listened as the humans called themselves “Newe” and the trees learned that the word meant, “people.”

The Newe returned often to the Swamp Cedars for their ceremonies and the trees took delight with the Newe as old friends embraced after several seasons apart, as young people became lovers, and as information was shared about the year’s pinyon pine nut harvest.

A few of the memories are extremely painful. The Swamp Cedars recall when a different kind of human first arrived in Spring Valley. These humans were pale of skin and rode what the trees recognized as horses though they were a different species of horse than the native horses that had long since been lost. At first, there were just a few of the pale humans, but the trickle turned into a flood. The Swamp Cedars wince as they relive their first experience of steel – the excruciating pain that came when the first ax drove deep into living Swamp Cedar wood.

Worst of all, the Swamp Cedars witnessed the Newe screaming as the blue-clad humans on horses rode them down, the puffs of white smoke that turned into a haze, and the sharp cracks of rifle fire. The Swamp Cedars still recoil from the taste of blood in the soil when the bubbling springs turned red.

***

Dr. Ronald Lanner, one of the foremost experts on Great Basin trees explains the Swamp Cedars’ uniqueness: “…within the borders of Nevada, Rocky Mountain juniper is found in 39 mountain ranges but in only one valley – Spring Valley.” The Swamp Cedars carry an aura of magic. In fact, they are not cedars at all. They are actually Rocky Mountain junipers (juniperus scopulorum) and Rocky Mountain junipers always grow on dry, rocky mountain slopes or in somewhat shaded canyons. Always – except for the Swamp Cedars. Mysteriously, the Swamp Cedars grow in valley bottom woodlands that are flooded part of the year.

The Swamp Cedars of Spring Valley are likely on their way to evolving into a distinct species. Lanner describes, “…it is very likely the swamp cedars comprise a distinct ecotype of Rocky Mountain juniper. An ecotype is a genetically differentiated population that has evolved in adaptation to a distinctively different environment than characterizes that of the main population of its species.”

The Swamp Cedars are sacred to the Shoshone (Newe in their own language) peoples. According to Shoshone elder Delaine Spilsbury, Nevada’s Native peoples were hunter-gatherers who roamed the region in small familial groups while they searched for food. The Swamp Cedars were centrally located in the Shoshone’s traditional territories and offered ample shade during the hot Great Basin summers.  Beneath the trees are a series of springs. Water from the springs encouraged plants and animals to proliferate. The Shoshone found many game birds and animals, medicinal plants, and fish in the nearby streams and ponds. Not far away from the Swamp Cedars, pinyon pine forests grew bounties of pine nuts. With these conditions, the Swamp Cedars became the favorite gathering place for the Shoshone and a sacred ceremonial site.

The Swamp Cedars are a massacre site. Three times over. Spilsbury explains that two of the massacres are of official military record while the last massacre happened at the hands of vigilantes with no military record.

The first two massacres happened in the 1860s. In the first massacre, most of the Shoshone escaped when American cavalry horses became mired in the mud created by the valley’s springs. The second massacre was much worse and Spilsbury says the written reports “state that men’s penises were cut off and shoved into their mouths and tree branches were shoved into women’s vaginas.”

The third massacre happened in 1897. This massacre is only remembered because two little girls hid in a ditch and were not discovered by the white vigilantes who murdered everyone else. The two little girls walked south to the Swallow Ranch. One of the two survivors was named Mamie by the Swallow family. Later, she married one of the Swallows’ hired hands – a Paiute man from Shivits, Utah named Joe Joseph. Spilsbury is the granddaughter of Mamie and Joe Joseph and, therefore, a direct descendant of a survivor of the last Swamp Cedar massacre.

The massacres cursed the Swamp Cedars with a bloody historical significance, but the massacres also endowed the trees with a deep, spiritual significance. According to Spilsbury, “Newe believe that because of their violent deaths, the spirits of the victims remain in the Sacred Trees.”

***

The Swamp Cedars are under attack. Close to 300 miles south of Spring Valley, the City of Las Vegas sprang up in the desert. Las Vegas’ population continues to grow in an arid landscape and the city is running out of water. Instead of restricting development, Sin City encourages residents and businesses to move to the city promising them access to the water they’ll need.

southernNevadaWaterAuthority-300x200

In 1991, the Southern Nevada Water Authority (SNWA) was created through a cooperative agreement among seven water and wastewater agencies in Southern Nevada including Big Bend Water District, City of Boulder City, City of Henderson, City of Las Vegas, City of North Las Vegas, Clark County Water Reclamation District, and the Las Vegas Valley Water District.

From the SNWA website: “SNWA officials are charged with managing the region’s water resources and providing for Las Vegas Valley residents’ and businesses’ present and future water needs.”  To do this, SNWA has proposed a “Groundwater Development Project.”

The bulk of this plan hinges on a large pipeline from Las Vegas to rural eastern Nevada. The main pipeline is estimated to include 263 miles of buried water pipelines while an estimated 96 to 254 miles of collector pipelines will feed water to the main pipeline. The entire pipeline will pump 27 billion gallons of water from the desert annually. Between 71 and 88 wells will have to be dug in fragile ecosystems while somewhere between 96 and 254 miles of overhead distribution power lines will be built in a region famous for wildfires. The water will be taken primarily from 4 desert valleys – Spring, Cave, Dry Lake, and Delamar Valleys.

In other words, SNWA’s Groundwater Development Plan would destroy much of the Great Basin, would destroy Spring Valley and would destroy the Swamp Cedars.

According to Dr. David Charlet, in his study “Effects of Interbasin Water Transport on Ecosystems of Spring Valley, White Pine County, Nevada,” “Ecosystems of Spring Valley, like most valleys in Nevada, are stressed. Overgrazing, particularly during the late 1800s, water diversion, and groundwater pumping have weakened the plant communities.”

This means human activities are already undermining life in the area.

Charlet makes horrifying predictions for the Swamp Cedars, writing, “The groundwater development proposed by the SNWA for the Spring Valley will doom the populations of swamp cedars. It is unlikely that they will live long past the first 20 yr [sic] of drawdown…” In fact, Charlet believes the Swamp Cedars will act as the canaries in the coal mine as he describes what he thinks will happen, “The swamp cedars will be the first plant species in the valley to become locally extinct, and I imagine that they would not be able to hang on for more than 50 yr. The next species to follow the swamp cedars will be the greasewood, followed shortly by big Great Basin sagebrush, and finally by rabbitbrush.”

Dr. Lanner agrees with Dr. Charlet in Lanner’s study “The Effect of Groundwater Pumping Proposed by the Southern Nevada Water Authority on the ‘Swamp Cedar’ of Spring Valley, Nevada.” He writes, “Despite the fact that the swamp cedars are not currently considered at risk of extinction by state or federal authorities, they are vulnerable to groundwater pumping leading to lowering of the water table and loss of surface flooding. The granting of pumping permits would make it logical, however, for such listing to be initiated.”

Even more terrifying than Charlet’s 20-year prediction, Lanner gives the Swamp Cedars 2 years. He explains, “Since the swamp cedars’ root systems are concentrated in the upper one foot of soil, and almost entirely in the upper two feet, drawdown of water from this part of the soil profile can be expected to be devastating to the trees. I would expect trees to die within no more than two years following the pumping of water from their root zone, even if there is ample rainfall to keep surface roots alive.”

***

What will the world lose if SNWA has its way?

Wild_Irises_SpringValley

Wild irises and Swamp Cedars, Spring Valley

There are the obvious answers. The world will lose the Swamp Cedars, Spring Valley’s ability to support life, and a place of cultural significance for a historically oppressed people. Las Vegas will swell and, as it gets bigger, will require ever more water to support itself. Eventually, the city will reach farther and farther to steal water destroying community after community until it cannot find enough. Then, it will collapse.  Many of those who have been forced to rely on the city’s infrastructure for the necessities of life will perish. These will be grievous wounds, of course. And they give us all the reason we need to know that SNWA must be stopped.

There are wounds that strike even deeper than these, though. They are wounds that scrape our spirits. They are aimed at our souls. They erase our collective memory and chill our courage to resist. Understanding the Swamp Cedars, listening to their stories, and sharing their memories helps us to regain our own memories. Regaining our memories will enable us to see more clearly.

What will we see when we see clearly?

Bellagio_Fountains_2005-300x225

We will see that this culture’s pattern of abuse is not inevitable. Las Vegas’ water shortage is the result of a complex of stories, institutions, and artifacts that both leads to and springs from the growth of cities. Cities are groups of people living in place in populations high enough to require the importation of the necessities of life like water. This is a way of life built on drawdown and can never be sustainable.

Contrast this to the hunter/gatherer culture practiced by the Shoshone – the people who will suffer the most from SNWA’s water grab. The Shoshone lived sustainably in places like Spring Valley for thousands of years without destroying the land. The dominant culture, on the other hand, has been in the area since the 1850s. And, already in this comparatively short time, the Great Basin is on the verge of collapse.

Central to Shoshone culture is the idea that the Swamp Cedars are sacred. As the Shoshone teach that the victims of the Swamp Cedars massacres remain in the trees, they ensure that the lessons of these massacres will never be forgotten so long as both the Shoshone and the Swamp Cedars survive.

It is in the Swamp Cedars’ sacredness that we find one of the prime motivations for the dominant culture’s destruction of the Swamp Cedars, for the destruction of indigenous peoples’ sacred places around the world, and ultimately for the annihilation of every last indigenous culture. In destroying the Swamp Cedars, in destroying sacred places, and in destroying indigenous cultures, the dominant culture destroys examples of true sustainability. The dominant culture wants to erase all memory that there are other, more beautiful ways to live.

For the vast majority of human history and in lands around the world, humans built cultures based on the notion that all living beings are sacred. Fish, birds, and animals were our kin. Mountains housed gods, rivers spoke the mysteries of existence, and spirits lived in the trees. When every living being is sacred, it is sacrilegious to destroy wantonly and the kind of total annihilation we face today is simply unthinkable.

When a small minority of human cultures banished the sacred to abstract sky gods or denied the possibility of the sacred in any form, they turned a living, speaking world into so much material to use. Surrounded, as this small minority was, by humans who still remembered the sacredness of all life, this small minority was incredibly insecure. To maintain the lies, they had to destroy the reminders. Natural community after natural community, species after species have fallen victim to this culture. The dominant culture operates as a serial killer. And, just like a serial killer, the dominant culture will destroy every last scrap of the evidence of its crimes if we let it.

The Swamp Cedars, by their sacredness to the Shoshone, by the memories they carry, by their very existence, betray the unspeakable evils committed by this culture. The dominant culture cannot afford for the Swamp Cedars to continue teaching the world about life. The Swamp Cedars must survive. We must stop the SNWA water grab and biocidal projects everywhere.

For more information about stopping the SNWA water grab, please see the Great Basin Water Network and Deep Green Resistance Southwest Coalition

Toxic Range: BLM’s Growing Chemical Addiction

Toxic Range: BLM’s Growing Chemical Addiction

This article originally appeared on Counterpunch

By Katie Fite / Wildlands Defense

BLM is escalating herbicide use on public lands in the wake of the September 2015 Sage-grouse Plan Amendments and the U.S. Fish and Wildlife Service’s Not Warranted Finding for ESA listing. A primary agency excuse for forsaking sage-grouse ESA protection is the pipe dream that new habitat will be created through radical deforestation, and that fuelbreaks will stop fires. The Finding lays it out:

Cumulatively, the FIAT assessments of the five priority areas identify more than 16,000 km (10,000 mi) of potential linear fuel treatments, approximately 2.99 million ha (7.4 million ac) of potential conifer treatments, more than 2 million ha (5 million ac) of potential invasive plant treatments, and more than 7.7 million ha (19 million ac) of post-fire rehabilitation (i.e., should a fire occur, the post-fire rehabilitation identifies which areas BLM would prioritize for management) within the Great Basin region…

The deforestation acreage is larger than Vermont. Native pinyon and juniper trees are treated as weeds, rather than a forest community vital for biodiversity and buffering climate change effects. Real weeds will have a field day in the wake of the bulldozers, bull hogs, masticators, chain saws, mowers, roller-choppers, brush beaters and “prescribed” fire unleashed for subduing woody vegetation. Lands will be doused with herbicides to try to keep cheatgrass, rapidly advancing medusahead, and others from thriving in the wasted, bared soils and hotter, drier, grazed sites. The fuelbreaks will raze sage and trees across a distance greater than that between Patagonia and the North Pole. These cleared zones will parallel many roads on public lands, further fragmenting wildlife habitats and providing fertile grounds for flammable annual grass in the chronically grazed arid landscape, and for human-caused catalytic converter, target shooting and other fire ignitions.

BLM is further reverting to a 1960s worldview of farming-style manipulation of wild lands, mainlining chemicals in support of its treatment habit. This distracts attention from the fact that the new BLM Sage-grouse Plan Amendments allow livestock grazing and many other threats to the bird to continue with little real change, despite a torrent of litigation claiming otherwise. In support of the folly, NRCS and BLM have concocted elaborate models deeming native forest and sage expanses unhealthy or “at risk.” After clearing, the land may be seeded, often with a mix of exotic forage grass and “cultivars,” not the local native plant ecotypes, but plants bred to be big and tough and a livestock forage boon. Places purged of woody plants will be embedded in a landscape “compartmentalized” (BLM’s term) by fuelbreaks.

Livestock grazing is a primary cause of weed infestation and dominance across public lands. But BLM refuses to deal with livestock as a cause of weeds. PEER very recently filed a complaint with CEQ and rancher sycophant Interior Secretary “what’s good for the bird is good for the herd” Sally Jewell over BLM’s denial of the climate effects of cattle and sheep grazing.

That’s only part of it. BLM is a weed denier of the worst sort, and willfully blind to the adverse climate effects of its land clearing. Instead of addressing cattle causes of weeds, BLM’s time honored method is to spray and walk away, leaving livestock free to graze and trample sprayed land in short order, churning soils and copiously defecating, ensuring a fresh batch of weeds takes hold.

2007 Weed EIS and PER Set the Stage

In 2007, BLM completed a Westwide 17 State Weed EIS and risk assessments for expanded herbicide use tripling sprayed acres, along with a Programmatic Environmental Report PER bedfellow laying out burning, chaining, mastication, bull hogging, mowing, brush beating, harrowing, “biological thinning” (dustbowl style grazing) and other severe weed-causing disturbance assaults on native vegetation communities. Environmentalists implored the BLM to address weed causes, employ passive restoration and minimize spraying. BLM ignored this, saying weed causes were dealt with in “allocations” of Land Use Plans. The many Plans issued since then do not address causes of weeds in divvying up “forage” and other allocations, like this and this. Risk assessments based on minimal info, predictably found the chemicals were safe for public land. The PER’s ecological impacts were never analyzed. The fore-shadowed radical treatment disturbance, now funded by hundreds of millions of dollars of sage-grouse and fuels funds, is laying waste to the West. BLM’s project rationales are a constantly moving target.

The Oust Debacle

As BLM was preparing the Weed EIS, it became embroiled in litigation with southern Idaho farmers over a crop catastrophe. BLM had ballyhooed DuPont’s Oust herbicide as a panacea for cheatgrass. Prominent range staff that had long pushed exotic forage plants as desirable on “rangelands” worked closely with DuPont to fine-tune the chemical.

“Oust is the best tool we’ve ever had, yes sir,” says Scott Anderson, a supervisor in the BLM’s Shoshone, Idaho, office. “There’s nothing like it.”… “In the mid-1990s, BLM officials began using it experimentally against cheatgrass, which the agency had been fighting a losing battle to control. They discovered that when sprayed immediately after a fire, Oust was nearly 100% effective in suppressing the growth of cheatgrass for at least a year. “That gave us an opportunity to come in and reseed the sagebrush and other desirable vegetation,” explains Mike Pellant, a BLM rangeland ecologist in Boise.

Oust kills plants by preventing roots from taking in water and nutrients from the soil.

It did this splendidly when the wind blew herbicide-infested soil onto crop fields and poisoned the earth. After the farmers finally figured out what had happened, BLM declared an Oust moratorium. Prolonged litigation ensued, with over 66 days of testimony in federal court. A jury trial and verdict found BLM bore 40% responsible, and Dupont 60%. Damages of 17 million dollars were awarded to the farmers. But the District Court ruling was appealed, and reversed by the Ninth Circuit in 2011. Courthouse News described the long ago initial filing “a day late and 17 million dollars short.”

“Idaho farmers filed their complaint a day too late to collect damages from the government after their crops were caught in the crossfire of a federal agency’s herbicidal battle against non-native grass, the 9th Circuit ruled Thursday … The farmers’ claims against the Bureau of Land Management (BLM) are “forever barred.”

Oust affected so much ag land that damage was detected. Most of the spraying takes place in remoter wild places where drift effects could escape detection.

Meanwhile, BLM kept on spraying, purposefully blind to weed causes. The 2007 Weed EIS blessed Plateau (Imazapic) as the new cheat panacea. Mowed and roller-chopped sage, prescribed burned forests and sage, and wildfire areas were doused with Plateau. It was applied over untold 100,000s of acres following fires. But there is still a hitch. Similar to Oust, Plateau kills “desirable” seedlings. So at the same time BLM has been spending tens of millions of dollars on seeding burned lands ostensibly for sage-grouse, it applied a potent lingering seedling killer. A scientist letter responding to BLM’s unprecedented 67 million dollar rehab boondoggle for the Soda Wildfire pointed out:

First, spraying a pre-emergent herbicide (imazapic/Plateau) may not have much effect on cheatgrass in 2015 because it germinated prior to application. Second, and much more importantly, imazapic will kill any seedling forbs that emerge from the seed bank. This will decrease abundance and diversity of forbs which are necessary for sage grouse…

Plateau also kills sage seedlings and the native seeds in the soil seedbank. Without sage, the sage-grouse, pygmy rabbits and other wildlife are doomed.

Oregon: A Special Case, and Sacrificing the Eastside

Oregon citizens and activists have often been alert, vocal and litigious in opposition to public and private lands herbicide campaigns that take place in the big dollar timber country on the west side of the Cascades. So BLM deals with ecosystems and people there a bit more lightly. In 1984, an injunction in Northwest Coalition for Alternatives to Pesticides et al. v. Block prohibited herbicide use by BLM and the Forest Service in Oregon. BLM prepared a new EIS for four herbicides in 1987, and the injunction was modified, allowing 2,4-D, dicamba, glyphosate, and picloram. In 2010 a new EIS expanded herbicides. It has fewer protections for lands, waters, fish, frogs, wildlife and people on the east side of the Cascades. BLM added 10 more herbicides west of the Cascades, but did not allow aerial spraying, vs. 13 more herbicides east of the Cascades and allowed aerial spraying.

In synch with its 2007 EIS, BLM went far beyond treating “noxious” weeds in Oregon. “Management objectives” ballooned: the control of all invasive plants; the control of plants as necessary to control pests and diseases …; the control of vegetation to meet safety and maintenance objectives …; and, the treatment of vegetation to achieve specific habitat goals for Federally Listed and other Special Status species

East of the Cascades, 2,4-D, Dicamba, Fluroidone, Imazapic, Imazapir, Picloram could be sprayed aerially (note this is fewer chemicals than inflicted on the rest of the states aerially in the 2007 EIS). There is so-called “restricted” use of Chlorsulfuron, glyphosate, hexaninone, metsulfuron metyl, tebuthiuron “only where no other means available” … “where practical, limit glyphosate and hexaninone to spot applications.” Weasel word language is pervasive, providing leeway to wiggle out of promised protections. If livestock might eat the plants, BLM is to apply “at the typical rather than the maximum rate,” but no word on what to do about native ruminants “don’t apply some chemicals where wild horses are present, or herd them out of the area.” There is minimal protection for recreation – a campground might be fleetingly signed. Protections recommended for reptiles and amphibians were not adopted, even provisions leaving bits of untreated habitat as refugia were scuttled. BLM is increasingly outsources spraying, through agreements with Counties and “cooperators.” Protections that appear to have survived could readily fall by the wayside in practice.

The Spray and Walk Away Path Forward

Now BLM has just released a Final EIS adding three more bizarrely named chemicals (rimsulfuron, fluroxypyr, aminopyralid) for use across the West in its War on cheatgrass, medusahead, prickly pear (which with along with the saguaro are a keystone desert species), pigweed and others.

BLM claims these chemicals are safer for the environment and human health than those already in use. Safe, like aminopyralid that can be spread through manure? Or safe like post-emergence burndown rimsulfuron that is touted as great for mixing with others of its ilk, and for which even BLM’s assessment admits a drift risk for non-target vegetation? Just like Oust and Plateau, rimsulfuron kills seedlings of the very plants that wildlife must have to survive. There are only a few days left to weigh in on this latest EIS (blm_wo_vegeis@blm.gov). Meanwhile, step-down EA analyses expanding aerial spraying and broadening herbicide use are proliferating at the BLM District level.

BLM insisted their were minimal downsides to the banished Oust, the fallen from favor Plateau and the rest of the toxic lot, including woody plant killers like Tebuthiuron, which caused a profusion of cheatgrass in Nevada sage purging reminiscent of the 1960s. The current chemicals and all their associated carriers, adjuvants, breakdown products and other associated toxins, including unknowns from mixes of multiple active chemical ingredients that BLM allows, had been deemed safe in the 2007 EIS. Now that BLM has had a revelation that they are less safe, it is not dropping a single chemical.

What will the 7 million acres of new treatments, 10,000 linear miles of permanent bleak fuelbreaks, and rehabbing of failed fire rehabs (often using many of the same old techniques) do to the land? And how much spraying will accompany forest clearing for porkbarrel biomass? Beyond the butchered landscape, desertification and destroyed habitat, it may often be impossible for people to avoid unwanted exposure to herbicides on visits to public lands. Access roads will be bordered by FIAT-ordained fuelbreaks for long stretches. Cleared of “brush” and seeded with exotic forage grass, they will be favored cattle loafing areas. Aerial herbicide use in wild land settings with fickle weather ensures drift onto the road and dust, onto camping sites, killing non-target vegetation, polluting water in springs and streams, and contaminating sage-grouse, antelope and pygmy rabbit foods. New irreversible native species habitat loss and expanded habitat fragmentation will take place. Public lands will bear an even greater resemblance to an intensive cattle ranch operation under this desolate paradigm. How long will agency grazing climate and weed denial go on? Or denial of the climate consequences of deforestation right here at home? But look everybody, over there, a bright shiny new million dollar treatment saving sage-grouse.