WASHINGTON – Today the National Alliance of Forest Owners (NAFO) urged the EPA’s Biogenic Carbon Emissions Panel, convened to review the carbon benefits of using wood and other biomass for energy, to seek science- based approaches to accounting for biomass carbon emissions that are consistent with real-world forest practices in the U.S.  NAFO’s recommendations respond to the Panel’s draft recommendations on EPA’s Accounting Framework for Biogenic CO₂ Emissions from Stationary Sources.

“Our best advice to the science panel is to be practical and stay on course,” said Dave Tenny, President and CEO of NAFO.  “It is critical for the panel to consider how science intersects with real-life forest management and make recommendations founded on actual rather than theoretical practices.  In the end the panel’s recommendations must support a pragmatic policy that promotes rather than discourages biomass as a renewable, carbon beneficial alternative to fossil fuels.”

NAFO’s recommendations point out that, although appropriately critical of the arbitrary scale and complexity of EPA’s proposed accounting framework, the work of the panel in several instances veers off course by exploring questions that are outside the scope of its mandate or that are unnecessarily complex given the established practices of the industry.

“Although well intentioned, some of the panel’s recommendations are unreasonably complex and would be unworkable if implemented in a regulatory context,” Tenny continued. “Understanding carbon changes in small forest stands, the slight differences between various types of forest biomass or the means to track biomass to its source may have theoretical value in certain contexts, but is ill-suited for a policy applied in a pragmatic way across a broad sector of the national economy and across forest landscapes.”

“The better approach is to take a step back, look at the forest carbon cycle at an appropriately broad scale, and identify approaches that reflect carbon changes across forest landscapes over long periods of time.  If approached in this way, the inevitable conclusion is that biomass emissions do not increase net carbon in the atmosphere, unlike one-way carbon transmissions from fossil fuels, and should therefore not be regulated like fossil fuels.“

Read NAFO’s comments on the draft recommendations and statement to the science review panel, as well as and a new primer from Dovetail Partners on forest carbon.

The Biogenic Carbon Emissions Panel was established by the EPA to conduct a science and technical review of carbon emissions from biogenic energy sources.  The Panel held its first meeting to accept public comments today, and will conduct a series of additional public meetings over the next several months to develop its report.  The Panel’s final report will be transmitted to the EPA Administrator following review by the full Science Advisory Board.

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NAFO is an organization of private forest owners committed to advancing federal policies that promote the economic and environmental benefits of privately-owned forests at the national level. NAFO membership encompasses more than 79 million acres of private forestland in 47 states.  Working forests in the U.S. support 2.5 million jobs.  To see the full economic impact of America’s working forests, visit www.nafoalliance.org/economic-impact-report.

Even though Congress is unlikely to adopt “cap and trade” or other approaches to reduce the emissions of carbon dioxide and other greenhouse gases for the foreseeable future, the Environmental Protection Agency is seeking to curtail emissions through new regulation, and the result could be substantial for communities, the environment and the economy.  So what is the fuss all about?  What exactly is the carbon cycle?  What is meant by such terms as “carbon dioxide equivalence”, “carbon neutrality”, “fossil carbon,” and “substitution effect”?  And, to what are people referring when using the term “carbon debt”?  This report starts from square one of the carbon cycle to explain this and other aspects of the carbon debate and what it all means. (Introduction by Author Jim Bowyer)

The implications of the carbon cycle in policy setting are major for forest owners.  To read the full Dovetail report, click here. To learn more about carbon and biomass, see NAFO’s Biomass Energy Advocacy Toolkit.

New federal legislation will help timberland owners avoid costly permit fees for logging roads, U.S. Reps. Jaime Herrera Beutler and Kurt Schrader announced Monday.

Under the new provision, a 35-year-old U.S. Environmental Protection Agency policy would be extended for another year. It would shield timber companies from the cost of designing stormwater control systems for logging roads under the federal Clean Water Act. Landowners will not be required to get federal permits to build logging roads.

The Ninth Circuit Court of Appeals in San Francisco had ruled that forest land owners must pay for the permits, and timber industry officials are watching to see if the U.S. Supreme Court will take the case.

Herrera Beutler and Schrader estimate the appellate court’s decision would force Pacific Northwest timberland owners to pay $883 million annually for new permits.

Herrera Beutler, a Southwest Washington Republican, and Schrader, an Oregon Democrat, are the primary sponsors. President Barack Obama signed the measure into law as part of the 2012 federal budget.

Steve Stinson, managing of the Cowlitz Ridge Tree Farm in Toledo, said the permit fees would lead to job losses in one of the region’s biggest industries.

“This development is a step in the right direction and should open the door for a process leading to permanent resolution,” Stinson said.

“Our family forest business produces green, family wage jobs in our rural economy that must already comply with the most stringent forest practices rules in the nation. This legislation will prevent a costly and redundant regulatory burden,” Stinson said in a written statement.

 
Article available at The Daily News.

December 17, 2011                                                    202-777-3708

Forest Owners Thank Congress for Supporting EPA’s Longstanding Interpretation of the Clean Water Act

Temporary provision in omnibus appropriations bill will continue forestry’s non-point source status under the CWA

WASHINGTON— David P. Tenny, President and CEO of the National Alliance of Forest Owners (NAFO) released the following statement today in response to congressional action on the Conference Report for H.R. 2055, the Omnibus Appropriations bill, which maintains EPA’s longstanding treatment of forest roads as non-point sources under the Clean Water Act:

“We thank Congress for taking action to prevent the Ninth Circuit Court of Appeals’ misinterpretation of the Clean Water Act from taking effect.  The 79 bipartisan House and Senate sponsors and cosponsors of the Silviculture Regulatory Consistency Act have joined forest owners in strong support of EPA’s historical treatment of forestry and forest roads as non-point sources.  Because of their help, the provision in the multi-bill funding measure moves us an important step closer to a permanent repudiation of the Ninth Circuit’s overreach.  Today’s outcome is good for our forests, for clean water and for well-paying rural jobs throughout the country.

“This legislation also supports the Supreme Court’s decision to seek the federal government’s views on whether to review the Ninth Circuit’s decision.  Today’s legislation sends a strong signal that Congress will support the administration in defending EPA’s regulations in court.  We remain hopeful that the Supreme Court will ultimately reverse the Ninth Circuit and restore the regulations that have been a Clean Water Act success story for more than 35 years.”

In May of 2011, the Ninth Circuit Court of Appeals issued a final ruling in NEDC v. Brown overturning EPA’s 1976 regulation that treats forestry activities as nonpoint sources under the Clean Water Act.  The Court also declared for the first time that forest roads used for timber harvest require industrial permits typically obtained by wastewater treatment facilities, factories and other confined industrial sites.  The Silviculture Regulatory Consistency Act (H.R. 2541 and S. 1369), would amend the Clean Water Act to preserve EPA’s existing regulations and maintain the non-point source status of forest roads and forestry activities.

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NAFO is an organization of private forest owners committed to advancing federal policies that promote the economic and environmental benefits of privately-owned forests at the national level. NAFO membership encompasses more than 79 million acres of private forestland in 47 states.  Working forests in the U.S. support 2.5 million jobs.  To see the full economic impact of America’s working forests, visit www.nafoalliance.org/economic-impact-report.

The court made this determination despite the fact that the Environmental Protection Agency (EPA) has insisted for 35 years that requiring “point-source” permits is unnecessary to protect the environment and is even harmful. In deciding as they did, the judges overturned a long-standing rule that, within reason, the federal judiciary must defer to federal agencies in interpreting laws they enforce…

Full article available at washingtontimes.com

Full article available at WSJ.com

WASHINGTON— David P. Tenny, President and CEO of the National Alliance of Forest Owners (NAFO), released the following statement after the U.S. Supreme Court issued an order asking the Solicitor General for the views of the federal government on two petitions challenging the Ninth Circuit Court of Appeals’ ruling that forest roads are “point sources” requiring an industrial discharge permit under the Clean Water Act (CWA):

“We applaud the Supreme Court for scrutinizing the Ninth Circuit’s decision to disregard EPA’s 35 years of success regulating forest management as a nonpoint source under Clean Water Act.  The Court is hearing not only the voice of forest owners and managers across the country but also Attorneys General from 26 states who joined a brief supporting EPA’s historic approach.  The policy and legal importance of this case is clear.

“For nearly four decades, the EPA has cooperated with the states under established Clean Water Act authority to build a network of Best Management Practices providing flexible and effective water quality protection during forestry operations.  This has been a Clean Water Act success story.  The Ninth Circuit’s decision threatens to upend this progress by replacing an efficient and flexible system that promotes clean water with a costly and inflexible permit requirement that invites additional litigation.  In the end the Ninth Circuit’s decision hurts forest owners and forests alike.

“While this is a significant first step, there is no guarantee that the Supreme Court will hear the case and reverse the Ninth Circuit Court’s overstep.  It does, however, provide the Administration and the Solicitor General an opportunity to submit to the Supreme Court a clear and unambiguous defense of EPA’s longstanding and legally appropriate approach to regulating forest roads as nonpoint sources.”

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NAFO is an organization of private forest owners committed to advancing federal policies that promote the economic and environmental benefits of privately-owned forests at the national level. NAFO membership encompasses more than 79 million acres of private forestland in 47 states.  Working forests in the U.S. support 2.5 million jobs.  To see the full economic impact of America’s working forests, visit www.nafoalliance.org/economic-impact-report.

Today the National Alliance of Forest Owners told EPA’s Biogenic Carbon Emissions Panel, convened to review the carbon impacts of using wood and other biomass for energy, to look to the marketplace for key information on how biomass energy will affect overall carbon in the atmosphere.  Appearing before the panel, NAFO President & CEO, Dave Tenny, explained that markets have historically increased forest growth over time, “During the unprecedented expansion in demand for forest products over the past 50 years, total forest stocks in the U.S. have increased by 51 percent and current net forest growth exceeds 450 million tons per year.  The most likely outcome of emerging energy markets is an increase in overall forest growth.  This translates into more net carbon removed from the atmosphere.”

Tenny cited a new analysis conducted by FORISK Consulting, a national leader in U.S. forest and wood market research, detailing the relationship between existing and new markets for wood and forest growth and management over time.  Among the study’s most important conclusions are:

• Traditional markets have encouraged forest growth throughout the U.S.,
• The supply of available biomass  at the national level is more than adequate to meet expected demand from emerging renewable energy markets, and
• New energy markets will not likely change the long intervals between harvests used by forest owners to grow trees for housing and other high value products.

By clarifying the relationship between the markets and forest practices, the FORISK study helps to address concerns that renewable energy markets could result in significant changes in forest practice that deplete forest carbon.  “We are confident that a thorough review of the science coupled with a deeper understanding of the marketplace will confirm that our forests will continue to remove an increasing amount of carbon from the atmosphere because of rather than in spite of existing and future markets,” Tenny said.  “This will provide a solid foundation for the EPA to adopt a final policy recognizing that, in contrast to fossil fuels, forest biomass used for energy does not increase net carbon in the atmosphere and should not be regulated like a fossil fuel.”

NAFO’s statement to the science review panel can be found here and the FORISK analysis can be found here.

The Biogenic Carbon Emissions Panel was established by the EPA to conduct a science and technical review of carbon emissions from biogenic energy sources.  The Panel held its first meeting to accept public comments today, and will conduct a series of additional public meetings over the next several months to develop its report.  The Panel’s final report will be transmitted to the EPA Administrator following review by the full Science Advisory Board.

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NAFO is an organization of private forest owners committed to advancing federal policies that promote the economic and environmental benefits of privately-owned forests at the national level. NAFO membership encompasses more than 79 million acres of private forestland in 47 states.  Working forests in the U.S. support 2.5 million jobs.  To see the full economic impact of America’s working forests, visit www.nafoalliance.org/economic-impact-report.

National Alliance of Forest Owners President and CEO, Dave Tenny, issued the following statement regarding comments submitted yesterday to the EPA’s Science Advisory Board Review Panel, convened to conduct a science and technical review of carbon emissions from biomass energy production:

“We are pleased that the EPA has appropriately deferred its regulation that would have treated biomass carbon emissions the same as fossil fuels emissions under the PSD Tailoring Rule.  Convening the review panel is an important next step to provide a sound basis in science for future policy decisions.

“At the same time, we are concerned that the agency has introduced policy bias into its review process that could unnecessarily limit the work of the scientists and predetermine the outcome.  EPA has charged the science panel to review an accounting framework that does not allow for the exclusion of biomass emissions from PSD regulation based on a finding that they do not increase net carbon in the atmosphere.  This suggests that such a finding from the panel would be unwelcome.  Likewise, EPA’s proposed accounting framework requires that forest carbon be measured at a regional scale and within constrained time frames.  This may prevent the panel from considering a full range of options for measuring forest carbon, including the national scale used by other nations throughout the world.

“We have seen in the past that placing arbitrary limitations on scientific review can skew results and distort policy.  We urge the EPA to avoid that outcome here by making it clear that the review panel is empowered to conduct a complete and thorough review of the science free of up-front policy constraints.  EPA can then use the completed review to fashion a reasonable policy.  The process as it stands is backward.

“We further urge the review panel to consider new information developed since the EPA’s Call for Information in the summer of 2010.  A significant body of peer reviewed studies and other information shows that, when measured at the appropriate scale, the carbon benefits of biomass energy compared to fossil fuels are significant and that using biomass for energy can greatly reduce net carbon in the atmosphere.  This information confirms what most countries already recognize – that in order to get an accurate picture of the forest carbon cycle, you have to measure at the broadest possible scale, and the national scale makes the most sense.  We are eager for the review panel to fully consider this and other information as they fulfill their charge.”

NAFO’s full comments to the panel can be found here.

The Biogenic Carbon Emissions Panel was established by the EPA to conduct a science and technical review of carbon emissions from biogenic energy sources.  The Panel will hold its first meeting to accept public comments on October 25-27, 2011, and will conduct a series of additional public meetings over the next several months to develop its report.  The Panel’s final report will be transmitted to the EPA Administrator following review by the full Science Advisory Board.

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NAFO is an organization of private forest owners committed to advancing federal policies that promote the economic and environmental benefits of privately-owned forests at the national level. NAFO membership encompasses more than 79 million acres of private forestland in 47 states.  Working forests in the U.S. support 2.5 million jobs.  To see the full economic impact of America’s working forests, visit www.nafoalliance.org/economic-impact-report.

WASHINGTON, DC (October 17, 2011) –  A bi-partisan, geographically diverse group of twenty-six state Attorneys General joined forest owners and industry groups in filing briefs  asking the U.S. Supreme Court to reverse the 9th Circuit Court of Appeals’ ruling that rainwater runoff from forest roads used for timber harvest is a “point source” of water pollution under the Clean Water Act.  The 9th Circuit’s decision in NEDC v. Brown overturned a thirty-five-year-old Environmental Protection Agency (EPA) regulation treating forest roads as “nonpoint” sources.  The Court declared for the first time that rainwater control systems on forest roads must have CWA permits similar to those required for factories and wastewater treatment facilities.   The Supreme Court briefs seek to restore over three decades of successful Environmental Protection Agency policy and law regulating rainwater runoff from forest roads through best management practices (BMPs) developed and implemented by individual states.

David P. Tenny, President and CEO of the National Alliance of Forest Owners (NAFO) stated that, “We are pleased but not surprised by the broad, bipartisan opposition to the 9th Circuit’s unfortunate decision.  With the stroke of a pen the Court has rewritten one of the EPA’s best Clean Water Act success stories.  By requiring industrial discharger permits for working forests, the Court is replacing flexible and highly effective BMPs with onerous permit requirements that will create unnecessary red tape for forest owners and managers and expose them to private lawsuits filed by individuals opposed to timber harvest.  The resulting costs and uncertainty will make sustainable forest management much less affordable, reduce access to forests for hunting and recreation, hasten job loss at a time of unprecedented economic hardship, and force more private forests into non-forest uses.  The Court’s decision is both bad law and bad policy.”

NAFO supports EPA’s current policy of regulating rainwater runoff at the state level using broadly supported BMPs.   “Forestry has never been a major contributor to water pollution, and has been successfully regulated by the states,” Tenny said. “We support EPA’s current system of oversight   which has a proven track record of maintaining clean water, high quality jobs, and continued access to forests and wildlife across the nation.  The strength and diversity of the briefs filed today lay a good foundation upon which the Administration can build a powerful argument in favor of their existing rules.”

NAFO was joined on its brief by the American Farm Bureau Federation and eleven forestry organizations from around the country.  Other organizations filing briefs include Pacific Legal Foundation, representing nineteen forestry organizations concerned with effects of the 9th Circuit ruling on private lands, and the American Forest Resource Council, representing seven organizations concerned with effects on public lands.

To download and read the briefs, please see the “Other Resources” box above.  A full listing of all the states represented by the Attorneys General is below.

Arkansas, Alabama ,Alaska, Florida, Georgia, Idaho, Kansas, Kentucky, Louisiana, Maine, Mississippi, Missouri, Montana, New Hampshire, New Mexico, Michigan, Ohio, Oklahoma, Pennsylvania, South Carolina , South Dakota, Tennessee, Utah, Virginia,  Washington, Wyoming

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NAFO is an organization of private forest owners committed to advancing federal policies that promote the economic and environmental values of privately-owned forests at the national level. NAFO membership encompasses more than 80 million acres of private forestland in 47 states. Private, working forests in the U.S. support 2.5 million jobs. View NAFO’s interactive map to see the economic impact of America’s working forests.