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HomeMy WebLinkAbout07-27-21 Public Comment - J. Meyer - BMW ProjectFrom:John Meyer To:Agenda Subject:Kirk Hill Old Growth Information/Comments Date:Tuesday, July 27, 2021 10:31:20 AM Attachments:BMW Amicus public comments.pdf CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Hello, Please find attached a document containing information for today’s vote on whether to supportold growth logging outside of Bozeman. Thank you. John Meyer Executive Director & General Counsel Cottonwood Environmental Law Center P.O. Box 412 Bozeman, MT 59771 John@Cottonwoodlaw.org (406) 546-0149 Lawsuits get things done. Click here to support our legal work. ENVIRONMENTAL LAW CENTER Cottonwood Environmental Law Center Cottonwoodlaw.org P.O. Box 412 Info@cottonwoodlaw.org Bozeman, MT 59771 Phone | 406.546.0149 To: Bozeman City Commissioners From: Cottonwood Environmental Law Center Re: Old Growth Amicus Brief Date: July 27, 2021 The Bozeman-based Cottonwood Environmental Law Center has filed a lawsuit challenging the Bozeman Municipal Watershed old growth timber sale. Cottonwood Envt’l L. Ctr v. Marten, et al., 2:20-cv-00031(BMM). On Tuesday, July 27, 2021, Bozeman City Commissioners will be voting on whether the City should file an amicus brief in the Ninth Circuit Court of Appeals that supports the logging of 651 acres of “old growth” as part of the larger Bozeman Municipal Watershed (“BMW”) Project. This document provides factual background so that the Commissioners can make an informed decision. All trees in the photo above that are not painted orange will be cut down as part of the Bozeman Municipal Watershed Project. The area was once proposed to become the South Cottonwood Wilderness Study Area by the U.S. House of Representatives. ENVIRONMENTAL LAW CENTER Cottonwood Environmental Law Center Cottonwoodlaw.org P.O. Box 412 Info@cottonwoodlaw.org Bozeman, MT 59771 Phone | 406.546.0149 Purpose for BMW Project ● The BMW project was approved “to create vegetation and fuel conditions that will reduce the risk of excess sediment and ash resulting from a wildfire event from reaching the municipal water treatment plant.” Record of Decision at 1. ● The BMW project was approved on November 29, 2011. Record of Decision at 61. Factual Background ● The City of Bozeman upgraded its water treatment plant after the BMW project was approved with the risk of large wildfires in mind. ○ In June 2020, Jill Miller, the manager of the water treatment plant, stated she is “fairly confident in the water treatment plant’s ability to handle a pretty good sediment load from the resulting runoff after a forest fire. The plant was designed with a forest fire in mind[.]” ● After the BMW project was approved, Montana State University professor Cathy Whitlock and professors from other universities published a peer-reviewed article in the 2017 National Academy of Sciences that states logging and thinning has “little influence on wildfire” because only 1% of logged areas experience wildfire each year. ○ Tania Schoennagel, Adapt to more wildfire in western North American forests as climate changes, 2017 Proceedings of the National Academy of Sciences, 4582, 4586 (2017). ● The BMW project will log 651 acres of “old growth” forest in the Kirk Hill and South Cottonwood areas. Record of Decision at 38. ENVIRONMENTAL LAW CENTER Cottonwood Environmental Law Center Cottonwoodlaw.org P.O. Box 412 Info@cottonwoodlaw.org Bozeman, MT 59771 Phone | 406.546.0149 ● Science says old growth sequesters more carbon than new growth. ○ Harmon ME, Ferrell WK, Franklin JF. Effects on carbon storage of conversion of old-growth forests to young forests. Science. 1990 Feb 9;247(4943):699-702. doi: 10.1126/science.247.4943.699. PMID: 17771887. ● The National Academy of Sciences article referenced above states that the trees may not grow back after logging because of climate change/drought. ○ Tania Schoennagel, Adapt to more wildfire in western North American forests as climate changes, 2017 Proceedings of the National Academy of Sciences, 4582, 4587 (2017). ● Even if the Kirk Hill and South Cottonwood areas burn in a wildfire, sediment could not reach the municipal water treatment plant because of the physical distance involved. ● The Kirk Hill area is loved by Bozeman residents and nearly 2,500 people have signed a petition asking the Forest Service not to log the Kirk Hill area. ○ https://www.change.org/p/mary-erickson-supervisor-custer-gallatin- national-forest-don-t-log-kirk-hill ● According to the Record of Decision for the BMW project, the logging will leave “highly visible” scars that will be visible from Bozeman. Record of Decision at 48. ● The Biden Administration recently announced an end to logging old growth in Alaska to fight climate change. Respectfully submitted this 26th day of July, 2021. /s/ John Meyer JOHN MEYER Executive Director