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Lessons in Forest Service regs await nominee
Lessons in Forest Service regs await nominee

E&E News

time9 hours ago

  • Business
  • E&E News

Lessons in Forest Service regs await nominee

The Trump administration's nominee to oversee the Forest Service may soon be faced with navigating the agency's environmental regulations from both sides: as an affected property owner and as the boss of the employees enforcing them. Mike Boren, the Trump administration's pick for undersecretary for natural resources and environment, will likely have to work through the Forest Service's environmental procedures to resolve a disagreement about a geothermal stream that one of his ranches in Idaho tapped for heating purposes, if he's confirmed by the Senate. That's the assessment of current and former Forest Service employees who described the rules to POLITICO's E&E News, granted anonymity because they're not authorized to speak with reporters or still work with the agency in other capacities. Advertisement The stream diversion is the latest in a series of dust-ups Boren has had with the Forest Service over land use, which isn't uncommon where large landowners in the West coexist with vast stretches of federal land. As much as two-thirds of land in Idaho is federal property, Sen. Jim Risch (R-Idaho) told the Senate Agriculture, Nutrition and Forestry Committee at Boren's nomination hearing Tuesday. Boren's situation became unusual, however, when President Donald Trump in January nominated him to a post that solely oversees the Forest Service. Boren's wealth also attracts attention, as he's a founder of a billion-dollar tech company. The water issue involves the West Pass Ranch, a Boren family property adjacent to the Sawtooth National Forest, which includes the Sawtooth National Recreation Area. The agency warned the ranch about a water diversion from a nearby geothermal stream on national forest system land, with a line running to the ranch property. A Forest Service law enforcement employee noticed it on a routine visit this spring, according to an employee closely familiar with the details. The Forest Service and USDA haven't responded to messages seeking comment on the specifics. The ranch has water rights and a water permit from the Idaho Department of Water Resources for a diversion, but current and former Forest Service employees said that they've seen no indication of an additional permit the Forest Service would typically require. These employees, as well as other people closely familiar with land use regulations involving national forests, said the agency can issue permits after the fact in such situations, possibly through a routine categorical exclusion from the National Environmental Policy Act and some public notice. The Forest Service would conduct a pared-back NEPA review to ensure that endangered species, for instance, aren't harmed, as well as to determine whether the land is of any cultural significance to local tribes, they said. 'A landowner can't just go onto national forest land and start digging things up,' said Ed Cannady, a retired backcountry manager on the Sawtooth who worked for the Forest Service for 31 years. He retired in 2019. While Cannady said he couldn't speak to the specifics of Boren's situation, he said the requirement to follow both federal and state permitting laws is clear. Water rights entitle property owners to 'reasonable access' to federal land, he said. The Idaho Department of Water Resources in 2023 approved a water permit for a groundwater diversion at the West Pass Ranch, according to records at the state agency. That permit, which is based on the ranch's decades-long water rights, also noted in the records, comes with several conditions including to monitor and report the volume of water taken. The permit describes the proposed work, including that the ranch 'shall install or construct a straight length of conduit or ditch suitable for installation of a device for measuring the entire flow of water being diverted in connection with this right.' A sign for the Ketchum Ranger Station stands in the Sawtooth National Forest. | Patrick T. Fallon/AFP via Getty Images 'A license to run roughshod'? Boren, at his nomination hearing Tuesday, didn't address the specifics of the work that's caused disagreements. But he suggested that a heavy-handed approach at the Forest Service is to blame and that he favors negotiations that satisfy both sides when land-related disagreements arise with the agency. He also said he'd follow the advice of USDA ethics lawyers in determining whether he should recuse himself from Forest Service matters involving his or his family's property. The federal government, representing the public, has property rights just like private landowners, said Andy Stahl, executive director of Forest Service Employees for Environmental Ethics, an Oregon environmental group. 'The only reason that water rights have any meaning on federal lands at all is because Congress has passed laws giving them meaning,' Stahl said in an email. 'But for those federal laws, the state's water rights scheme would be meaningless on federal lands.' He added, 'Federal laws respecting water rights do not give the holders of those rights a license to run roughshod over federal lands. Water rights holders have to obey the Forest Service's rules when it comes to using their conveyance rights, e.g., they have to get a special-use permit.' Cannady, the retired backcountry manager, said his greater concern is preserving the Sawtooth Valley's vast undeveloped stretches and its endangered species, which would rest in part on how Boren oversees the agency, if confirmed. Four federally protected fish populate the area, Cannady said, including chinook and sockeye salmon that swim hundreds of miles from the ocean to spawn — some of the longest stretches on Earth for salmon. Along the way, they travel through public and private land, including on the river that runs through Boren family property, he said. Many areas of the Sawtooth, including on the Sawtooth National Recreation Area administered by the Forest Service, are covered by easements that occupy or cross private property. Cannady said Boren is known locally to dislike easements, which have been at the root of some of his disagreements over the years, as with other property owners around national forests. The nominee also doesn't have much patience for public criticism, according to several people in the area. After residents complained publicly about a grassy airstrip he built on one of his ranches, he sued them for defamation. That case has bounced between courts, most recently awaiting resolution in an Idaho district court. Cannady said he worries Boren, in a position of public authority, may 'do great harm' to the Sawtooth if regulations are loosened or not enforced — and that he's a little reluctant to speak out about the nominee. 'Knowing his M.O., he might sue my ass because he's got billions of dollars, and I don't,' Cannady said. Contact this reporter on Signal at hellmarcman.49.

Is another 'grand bargain' necessary to build another pipeline?
Is another 'grand bargain' necessary to build another pipeline?

CBC

timea day ago

  • Business
  • CBC

Is another 'grand bargain' necessary to build another pipeline?

Social Sharing At question period on Monday, two Conservative MPs beseeched the government to approve a pipeline that very afternoon. "The prime minister is meeting with premiers in Saskatchewan today," said John Barlow, MP for the Alberta riding of Foothills. "Will he approve a pipeline at that meeting?" Such a request raises other questions. Questions like, what pipeline? To where? To be built by whom? And under what conditions? Whatever the stated desire for a new pipeline to transport oil out of Alberta, there is no actual proposal for a pipeline on the table to approve. But it also bears noting that the meeting in Saskatoon on Monday was not about pipelines, per se. The first ministers were meeting to discuss "nation-building" infrastructure projects. And there are many kinds of projects that might qualify as nation-building — infrastructure like ports and railways and public transit and electricity transmission lines. But while no pipeline was approved on Monday, at least the notion of a pipeline was referenced approvingly in the official communique that the prime minister and premiers released at the conclusion of their discussions. In writing, the first ministers agreed that, "Canada must work urgently to get Canadian natural resources and commodities to domestic and international markets, such as critical minerals and decarbonized Canadian oil and gas by pipelines, supported by the private sector, that provide access to diversified global markets, including Asia and Europe." That only leaves all of the other aforementioned questions to answer. So you want to build a pipeline When asked by a reporter on Monday to explain the federal government's disposition toward a pipeline, Carney suggested there was general agreement between the western and territorial premiers for a "corridor" that would run from the Pacific northwest to Grays Bay in Nunavut. "Within that," he said, were "opportunities" for a pipeline that would carry "decarbonized" oil to new markets. "If further developed, the federal government will look to advance that," he said. Alberta Premier Danielle Smith went further to suggest there was a "grand bargain" to be made. Expanded pipeline capacity, she said, would be a boost to the Pathways Alliance, a consortium of major oil companies that have spent the past few years loudly insisting that they are very eager to move forward with a large carbon capture project (just as soon as they can get enough public funding to do so). But if the notion of a "grand bargain" on oil and climate policy sounds familiar, it might be because that's what Justin Trudeau once proposed — and seemed even to have struck, at least for a little while. Carney says there is 'real potential' for pipeline after first ministers' meeting 23 hours ago Duration 1:58 Trudeau came to office insisting that pipelines could only be built by winning "social license." And in Trudeau's version of a grand bargain, serious climate policy — including a price on carbon — would be paired with a new pipeline to the West Coast. The Liberal government then went so far as to purchase the Trans Mountain pipeline and expansion project (TMX) to ensure a new pipeline was built. On some levels Trudeau succeeded. While burning some of his own political capital, public support for TMX increased, the project was completed and national climate policy was meaningfully strengthened during his time as prime minister. But Trudeau still left office with Smith and other Conservatives portraying him as an anti-oil zealot, a climate radical and a threat to national unity. Meanwhile, support for Trudeau's consumer carbon tax eroded so much that Carney was more or less compelled to abandon it. The threats posed by Donald Trump may have now created new arguments for building a pipeline — including economic sovereignty and trade diversification. But simply removing Trudeau from the equation doesn't make a new pipeline a perfectly easy or obvious thing to build. Conservatives have portrayed Trudeau — and Liberal legislation like the Impact Assessment Act, otherwise known as C-69 — as the primary obstacle to further pipeline construction in Canada. But the pre-Trudeau world was hardly enthusiastic about pipelines, whatever the previous Conservative government's stated support for the oil and gas industry. When that Conservative government approved the Northern Gateway proposal in 2014, it attached 209 conditions. In the words of a government spokesman at the time, the answer from Stephen Harper's Conservatives wasn't "yes," it was " maybe." The provincial government in British Columbia had its own demands and a majority of British Columbians were opposed. (The federal approval was then overturned by the courts because of a lack of consultation with Indigenous groups.) What would a real grand bargain look like? As reporters continued to press about the possibility of a pipeline on Monday, Carney lamented that "sometimes the discussion is reduced far too much to one type of project," but he also associated himself with Smith's talk of a "grand bargain." For now, no private investor is currently proposing to build the sort of pipeline that Smith envisions. Smith thinks one will come forward, which at least sets up a test of how much enthusiasm for a pipeline actually exists outside the political world. WATCH | Alberta premier's take on first ministers' meeting: Hearing PM talk about northwestern pipeline 'very encouraging': Alberta premier | Power & Politics 22 hours ago Duration 8:37 Alberta Premier Danielle Smith tells Power & Politics she found Prime Minister Mark Carney's comments on a possible northwestern pipeline 'very encouraging' and a 'sea change' from where first ministers' discussions on energy projects were six months ago. Assuming a proponent is found, the notion of a "grand bargain" might at least hold out hope for real progress on climate policy and reducing Canada's greenhouse gas emissions. But in a letter to Carney in May, Smith called on the federal government to repeal a cap on oil and gas emissions, eliminate the federal system for pricing industrial emissions and withdraw clean electricity regulations. She also opposes the federal government's zero-emission vehicle sales targets and ban on single-use plastics. At the very least, a massive retreat on federal climate policy is unlikely to increase public support for a new pipeline. The notion of "decarbonized oil" is a contradiction in terms. But it could be possible, at some cost, to significantly reduce the emissions associated with the production of oil. And it might even behoove the federal government to help (as it already has, including the Trudeau government's commitment of billions toward a new investment tax credit for carbon capture, utilization and storage). But as Andrew Leach, an energy and environmental economist at the University of Alberta, noted in his book Between Doom and Denial, the first promise of government and industry working together in Alberta to pursue carbon capture technology was made in 1994. That year, in situ oil sands development produced 4.6 megatonnes of greenhouse gas emissions. In 2023, annual emissions from in situ development were 47.1 megatonnes. Total national emissions from the oil and gas industry accounted for 30 per cent of Canada's total in 2023 — up from 22 per cent in 1994. If an ambitious prime minister was looking for nation-building projects to rally the country around, decarbonizing the Canadian economy would certainly qualify. But if another grand bargain on climate and oil policy is to be part of that, Carney might hope to negotiate something much more enduring than the last one.

He Built an Airstrip on Protected Land. Now He's in Line to Lead the Forest Service.
He Built an Airstrip on Protected Land. Now He's in Line to Lead the Forest Service.

New York Times

time2 days ago

  • Business
  • New York Times

He Built an Airstrip on Protected Land. Now He's in Line to Lead the Forest Service.

Michael Boren, founder of a billion-dollar tech company, Idaho ranch owner and Trump donor, has clashed with the U.S. Forest Service for years. He was accused of flying a helicopter dangerously close to a crew building a Forest Service trail, prompting officials to seek a restraining order. He got a caution from the Forest Service, and criticism from his neighbors, when he built a private airstrip on his Hell Roaring Ranch in a national recreation area. And in the fall, the Forest Service sent a cease-and-desist letter accusing a company that Mr. Boren controlled of building an unauthorized cabin on National Forest land. Now, Mr. Boren is Mr. Trump's nominee to oversee the very agency he has tussled with repeatedly. On Tuesday, the Senate Agriculture Committee is scheduled to hold a confirmation hearing on Mr. Boren's nomination to be the under secretary of agriculture for natural resources and environment, a role that would put him in charge of the Forest Service. If confirmed, he would manage an agency that oversees almost 200 million acres of public lands across the United States, including maintaining trails, coordinating wildfire response and overseeing the sale of timber and other resources. He would also oversee the Natural Resources Conservation Service, which helps farmers and ranchers conserve natural resources on their own land. Mr. Boren would be leading the Forest Service at a tumultuous time. In April, the secretary of agriculture, Brooke Rollins, issued an order removing environmental protections from almost 60 percent of national forests, or more than 112 million acres, mostly in the West. That came after Mr. Trump issued an executive order to increase logging on those lands by 25 percent. The Forest Service has also fired thousands of workers as part of Mr. Trump's drive to shrink the federal government. Hangar Land before Boren purchase. Grass airstrip starts to take shape Fenced-in airstrip Hell Roaring Ranch 2014 2016 2024 IDAHO 1,000 feet Hangar Land before Boren purchase Grass airstrip starts to take shape Fenced-in airstrip 2014 2016 2024 1,000 feet Hangar Land before Boren purchase Grass airstrip starts to take shape Fenced-in airstrip 2014 2016 2024 1,000 feet Hangar Land before Boren purchase Grass airstrip starts to take shape Fenced-in airstrip 2014 2016 2024 1,000 feet Hangar Land before Boren purchase Grass airstrip starts to take shape Fenced-in airstrip 2014 2016 2024 1,000 ft. Source: Airbus DS via Google By Mira Rojanasakul/The New York Times Want all of The Times? Subscribe.

Alberta expected to learn soon if Carney wants to repair relationship: Smith
Alberta expected to learn soon if Carney wants to repair relationship: Smith

CTV News

time5 days ago

  • Business
  • CTV News

Alberta expected to learn soon if Carney wants to repair relationship: Smith

Speaking to supporters in Calgary on Thursday, Alberta Premier Danielle Smith is more optimistic about the province's relationship with the new prime minister. Nearly 2,000 supporters attended Alberta Premier Danielle Smith's annual United Conservative Party fundraising dinner at the Telus Convention Centre in Calgary on Thursday. The sold-out event provided Smith with an opportunity to share her thoughts about Alberta's energy sector – including strategies about how best to get the province's natural resources to market. One of the other topics of discussion was whether or not Prime Minister Mark Carney was interested in repairing Ottawa's relationship with the western province. 'As most Albertans already know, I have repeatedly stated that I support a strong and sovereign Alberta within a united Canada, and I personally have such high hopes that there is a path forward for that with Ottawa,' she said. 'I am going to do everything in my power to negotiate a fair deal for Alberta with the new prime minister.' Smith said she's optimistic about Alberta's relationship with Carney. 'This new prime minister - I'll give him credit for this - he has met with us many times,' she said. She said Carney's next visit to Alberta will come on Sunday, where she expects he will be meeting with business leaders 'to get an idea of what it is that Alberta wants.' 'I can tell you they're going to mirror the same things that we want, because I've been talking with them a lot, and we'll go to Saskatoon for a first ministers' meeting. 'I don't think we have to wait that long. I think we will know in the communique that comes out after a day and a half of meetings, whether this government is serious about changing course, or whether we're just going to have to double down on the fights. You don't have to wait that long - just a couple more days.' While discussions are open, Smith said there's more work ahead, adding Alberta won't ignore the tools it has to protect itself from Ottawa's overreach. 'They pass laws that are unconstitutional and illegal, and then they make us go for years and years and years to get a court decision on them,' Smith said. 'Well, we're gonna do the same thing. 'We're going to pass laws and if they think they're illegal, they can come after us.' Also during her speech, Smith called out the federal government for not backing down on its zero emission caps or Bill C-69.

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