Congress grants permitting reprieve

The expansive Omnibus Appropriations Bill passed by Congress included a provision declaring that storm water runoff from forest roads and other silviculture activities identified in EPA’s regulations shall not be subject to NPDES permits for the duration of the fiscal year.  This is a very significant advancement of our effort to permanently overturn the Ninth Circuit’s decision in NEDC v. Brown defining forest roads as point sources under the Clean Water Act.

Perhaps no issue has brought together the forest family more than the Ninth Circuit Court of Appeal's ruling that forest roads are "point sources" requiring an industrial discharge permit under the Clean Water Act (CWA). Members of the Florida Forestry Association continue to step up in a big way providing much needed financial support to enable Florida to be a real leader in advocacy efforts to stop the permiting requirement. We continue to follow the leadership of the National Alliance of Forest Owners (NAFO) on this issue.

It is certain the campaign will continue in 2013. If you have not made a contribution to our legal defense effort to overturn the forest roads decision in Congress, in the courts, and/or in the Administration, please consider again this opportunity.

SUMMARY OF ISSUE

CONTRIBUTION FORM

Florida Attorney General joins plea for high court review

Attorney General Pam Bondi has joined  other states nationwide in asking the U.S. Supreme Court to review a flawed decision by the Ninth Circuit Court of Appeals that overturns more than 30 years of best management practices for stormwater runoff from silviculture, the growing and harvesting of trees. The amicus brief was filed today by Arkansas Attorney General Dustin McDaniel. The brief argues that the Ninth Circuit Court of Appeals’ decision invalidates EPA’s Silvicultural Rule and incorrectly claims that timber harvesting constitutes “industrial activity” when it is, in fact, agricultural.

PROTECT CERTAINTY OF SILVICULTURE EXEMPTION

Florida Agriculture Commissioner Adam Putnam sent letters this week to Florida Senators Bill Nelson and Marco Rubio asking them to support S. 1369, the Silviculture Regulatory Consistency Act. A copy of the letters can be found here.

Letter to Senator Nelson

Letter to Senator Rubio

OVERTURN COURT ACTION REQUIRING LOGGING PERMITS

The Florida Forestry Association has joined a partnership at the national level to overturn a decision by the U.S. 9th Circuit Court of Appeals, that would put in place a new water control standard that could have major impacts on logging and forest operations. Affirming forestry as a nonpoint source through congressional action will be the first step in this campaign. 

SE STATES ENERGY POLICY

This presentation provides a good overview of Southeastern state-by-state comparisons of active biomass and CHP energy policies, programs, and incentives.

Download the information here.

FOREST TRACK

The Association's Legislative Wrap-Up of the 2011 Session is provided here.  Forest Track includes the forest and ag bills that both passed and did not pass in the 2011 Florida Legislative Session and their potential impact on the growers and users of Florida's forests.

Forest Roads Decision

The Ninth Circuit has denied reconsideration of its forest roads decision in NEDC v. Brown.  The two basic rulings were re-affirmed this week – roads are points sources and logging is an industrial activity under EPA’s stormwater regulations.  

A copy of the Court Opinion is available here.

Transportation Reform

FORESTRY RESEARCH IN THE SOUTH: Carbon and Forest Biomass  

The Southern Forest Resource Partnership (SFRP) Carbon Management and Forest Biomass Center of Excellence,has released its first quarterly publication that will be highlighting the research of the SFRP membership in each of the centers of excellence.  The publication provided here highlights the activities of forestry research in carbon management and forest biomass from the SFRP-member institutions. 

Woody Biomass Principles Approved

Wood growers, forest industry and the energy sector have completed the task of developing guiding principles for using woody biomass as a feedstock option for renewable energy. The group agreed on seven basic principles with one common denominator: Florida forests can play a important role in supplying woody biomass to help Florida produce its own renewable energy as long as it is done in a responsible, sustainable manner. Download the PRINCIPLES here.

Council withdraws proposed biomass harvesting policy opposed by Association

The North Central Florida Regional Planning Council (NCFRPC) has WITHDRAWN a proposed policy related to biomass harvesting. The proposed policy statement applies to areas known to the Agency as "Natural Resources of Regional Significance". A copy of the Association's opposition letter is posted here.

10% Truck Weight Tolerance Is Here!

Effective July 1, 2010, Florida Department of Transportation (FDOT) will recognize 10% weight tolerance permits for transporting divisible loads up to 88,000 pounds on designated non-interstate highways. The ten-percent truck weight tolerance enables Florida haulers to be more competitive with our neighboring states.
 

Apply for a permit for divisible loads here.

Either the Trip or Blanket Form #85004002 must be completed in order to apply for a permit.

Fees for a Trip Permit is $0.27/mile.  Click here for Trip Permit.
 
Fees for a Blanket permit is $240/truck/year.  Click here for Blanket Permit.

Please remember to add the words "divisible load" in parenthesis behind the description of the load since the version of the attached application will not be available until the end of July 2010.  

ROUTE MAP
An original permit and route map (Entitled: 2008 TTT Map 1) (link here for map)
must be in the cab of each truck utilizing the 10% tolerance.  The permit and route map may be moved from truck to truck, as long as it’s in the cab of the truck transporting the additional weight.  

Association chats with Secretary Vilsack

On Friday, May 13 leaders from fruit and vegetable, citrus, cattle, dairy, sugar, peanut and forests and agriculture, participated in a roundtable discussion with US Agriculture Secretary Tom Vilsack in Tampa. The Florida Forestry Association presented recommendations to enhance forests growth in Florida’s working forests. Among the suggestions was the need for a funding and support for exploring opportunities to advance markets and payments for ecosystem services. The Association also recommended reforestation incentive programs give landowners flexibility to plant the tree species and planting density of their choice as long as the trees could be used for commercial biomass or timber production. A copy of the letter can be viewed here.

Woody Biomass Economic Study

Study report to the Florida legislature including economic impact analysis on the effects of granting financial incentives to energy producers who use woody biomass as fuel, including an analysis of effects on wood supply and prices and impacts on current markets and forest sustainability.

The study shows a signficant amount of renewable energy can be developed through the utilization of woody biomass, while still keeping the forest resources of Florida sustainable and current forest industries strong. The key to success however, is an enhanced reforestation program in Florida, better utilization of urban wood waste, logging debris and understory vegetation and support of the development of short rotation energy crops as renewable demands increase.

The study and final report is available at www.fl-dof.com.

The Florida Forestry Association response and recommendations to the Study is available here.

Conversation on Conservation

Leaders of conservation and the forest community sat down on March 16th in Tallahassee to talk about the importance of maintaining working forests in Florida’s landscape.  The roundtable, hosted by Florida Forestry Association, Florida Division of Forestry and Audubon of Florida included a diverse set of forest stakeholders ranging from forest stewards to environmental advocates, conservation groups, non-industrial landowners and industry representatives.