Issa Blasts 9th Circuit Court of Appeals Decisiom to Halt Wildfire Prevention Efforts and Endanger Lives

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Issa Blasts 9th Circuit Court of Appeals Decisiom to Halt Wildfire Prevention Efforts and Endanger Lives

Washington, DC - Rep. Darrell Issa (R-Vista) the Ranking Member of the Subcommittee on Domestic Policy of the House Government Reform and Oversight Committee, which has oversight responsibilities of both U.S. courts and federal land management, today, blasted the decision by the 9th Circuit Court of Appeals in the case Sierra Club v. Bosworth to reverse a previous judicial decision and stop wildfire prevention efforts on federal land. Issa described the Court's decision as an assault on common sense and reason.

Issa also criticized the Sierra Club and the California Resources Agency for ignoring wildfire threats and their roles in the 9th Circuit Court reversal.

"The Court's overzealous interpretation of environmental regulation is placing lives and personal property in danger," said Issa. "In their decision, the Ninth Circuit Court of Appeals placed greater weight on the concerns of a special interest group than the lives and welfare of Americans threatened by wildfires."

In its decision, the 9th Circuit Court of Appeals wrote, "We conclude that because the Forest Service failed to demonstrate that it made a ‘reasoned decision' to promulgate the Fuels CE based on all the relevant factors and information, its promulgation of the Fuels CE was arbitrary and capricious."

Judge Andrew J. Kleinfeld, in a concurring opinion of the 9th Circuit decision, expressed concern that the decision would endanger lives:

Judge Kleinfled's opinion expressing concern about 9th Circuit decision and danger it poses to Americans:

"I cannot bring myself to believe that a Forest Service decision to cut brush and use controlled burns to reduce forest fire danger near urban areas is arbitrary and capricious. And I cannot quite bring myself to believe that the categorical exclusion in this case, covering less than one half of one percent of federal land, will have a cumulative impact on our environment requiring years more research, analysis and report writing before we do anything to protect people from forest fires. As a matter of common sense, cutting brush and using controlled burns on parcels no larger than 1,000 acres and 4,000 acres respectively seems most likely to have the cumulative impact of reducing the catastrophic effect of forest fires on people."

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