On March 14th, the Forest Protection and Wildland Firefighter Safety Act of 2023 (H.R. 1586) was introduced by Representative Doug LaMalfa (R-Richvale). The bill would create a Clean Water Act exemption for federal, state, local, and tribal firefighting agencies to use fire retardant to fight wildfires. The USDA Forest Service and other agencies have historically operated under the assumption that a National Pollutant Discharge Elimination System (NPDES) permit is not required for the use of fire retardant because the regulations specifically state that fire control is a "non-point source silvicultural activity" and communications from the Environmental Protection Agency dating back to 1993 indicating that a permit was not required. The legislation was prompted by pending litigation, in which the opposing party has requested an injunction on the use of fire retardant until the Forest Service receives a NPDES permit for its use, which could take years and would endanger western communities who routinely experience wildland fires. Congressman LaMalfa was joined by 24 other Representatives in introducing the House Resolution, including California Representatives Jimmy Panetta (D-Monterey), Tom McClintock (R-El Dorado Hills), Young Kim (R-Anaheim), John Garamendi (D-Vallejo), Ken Calvert (R-Palm Desert), Darrell Issa (R-Riverside), Kevin Kiley (R-Rocklin), And Jim Costa (D-Fresno). Companion legislation was also introduced in the U.S. Senate.
