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Wildfire, fire management and air quality news for western Montana and the Northern Rockies.

Lawsuit claims Forest Service fire retardant use violates the Endangered Species Act

An airplane drops retardant on a grass fire burning on Mount Sentinel in Missoula, MT, August 20, 2020.
Peyton Butler
An airplane drops retardant on a grass fire burning on Mount Sentinel in Missoula, MT, August 20, 2020.

As summer fire season approaches, planes will soon be dropping red retardant to try to stifle the fire's spread. A new lawsuit says the Forest Service’s use of that retardant violates federal wildlife protections.

The case is brought by the group Forest Service Employees for Environmental Ethics (FSEEE), made up of retired and current agency employees and concerned citizens. The case was filed in federal district court in Missoula against the Forest Service, the National Marine Fisheries Service and the U.S. Fish and Wildlife Service.

The plaintiffs reference recent research showing retardant used by the Forest Service contains heavy metals like lead, arsenic and cadmium. These metals are detrimental to the health of wildlife, people, and waterways.

"A retardant line on the ground is basically a Superfund site," Andy Stahl, FSEEE executive director says. "It has Superfund levels of toxic metals,

Stahl says the agencies have failed to consider those harms, and the continued use of retardant violates the Endangered Species Act. He points to a lack of evidence that fire retardant is effective enough at stopping fires to warrant its environmental harms.

The Forest Service refused to comment on the active litigation.

Ellis Juhlin is MTPR's Environmental Reporter. She covers wildlife, natural resources, climate change and agriculture stories.

ellis.juhlin@mso.umt.edu
406-272-2568
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