USFS may continue to use aerial fire retardants, rules Federal Court

The US District Court for the District of Montana has issued a ruling in a case brought by the Forest Service Employees for Environmental Ethics (FSEEE) against the US Forest Service (USFS).

The FSEEE was seeking to enjoin the use of aerial fire retardants by the USFS during firefighting activities.

The Court ruled that USFS may continue using aerial fire retardants while pursuing a Clean Water Act (CWA) permit. The ruling came after a broad coalition of communities and landholders affected by wildfires filed an amicus brief and participated in oral arguments supporting USFS’ ability to use aerial fire retardants.

Ken Pimlott, Former Director of CAL FIRE, said: “Today’s court decision will literally save lives. The aerial application of fire retardant is a critical part of the U.S. Forest Service’s firefighting strategy, and it unquestionably reduces a fire’s rate of spread, intensity, and danger to firefighters and the public. Taking this tool away would undermine the health and safety of our communities and cause significant economic harm to businesses navigating the constant threat of wildfire. Because the court rightfully chose to prioritize public safety, Americans across the West can breathe a sigh of relief.”