LaMalfa’s bill ensures that aerial fire retardant remains available when wildfires strike without being sidelined by years-long Clean Water Act permitting delays. Photo courtesy of  Congressman Doug LaMalfa

WASHINGTON, D.C. (MPG) – On Dec. 11, the Forest Protection and Wildland Firefighter Safety Act, which was introduced by Congressman Doug LaMalfa (R-Richvale), passed the House as part of a larger permitting reform package, the PERMIT Act. In 2023, a court ruling imposed additional unnecessary and burdensome red tape on the use of aerial fire retardant by the U.S. Forest Service and other firefighting entities. These restrictions risk slowing down response times when swiftness is imperative to protect lives and property.

LaMalfa’s bill ensures that aerial fire retardant remains available when wildfires strike without being sidelined by years-long Clean Water Act permitting delays. These provisions remove uncertainty created by lawsuits and build on permitting exemptions for firefighting activities already in law. Without this fix, federal, state, local and tribal firefighters could eventually be forced to navigate a patchwork of duplicative permits just to use one of the most important tools they have to slow down fast-moving fires.

“With wildfire season now practically year-round and more destructive than ever, preventing or limiting the use of any fire retardant because someone insists on a permit first is completely backwards,” said Rep. LaMalfa. “Aerial fire retardant has been used safely for decades and is already highly regulated. These lawsuits don’t protect the environment; they tie firefighters’ hands while fires race through forests and towards homes. I’m glad to see the PERMIT Act passed the House with my bill included. It ensures our crews can act quickly, without being tripped up by fringe litigation or years of paperwork.”

U.S. Forest Service Chief, Tom Schultz said, “Aerially delivered long-term fire retardant is an essential tool the Forest Service and the interagency wildfire response community use in support of ground-based firefighting resources. We thank Chairman LaMalfa for leading legislation to ensure retardant remains a tool in the wildland firefighting toolbox to protect homes and communities from the devastating impacts of catastrophic wildland fire.”

To view my remarks in debate on the House floor, visit https://www.youtube.com/watch?v=vHUVRnWFqnw

Congressman Doug LaMalfa is Chairman of the Congressional Western Caucus and a lifelong farmer representing California’s First Congressional District, including Butte, Colusa, Glenn, Lassen, Modoc, Shasta, Siskiyou, Sutter, Tehama and Yuba Counties.