Re: Could Trump Reopen The NWP to Eureka?
Author: no problem
Date: 09-23-2019 - 10:10
The federal standards are a lower bound. Except in certain subject areas, they don't preempt state. Most of what limits clearcutting and the like, on non-federal land, is state regulation. Most of the North Coast is non-federal land (except in the National Park). The only real federal involvement is river regs (Corps of Engineers, in the process of being "fixed") and endangered species (law would need to be rewritten to preempt state standards; California already protects the federal species more stringently than the feds do).
If there was a lot of national forest or BLM land, things might be different - feds can ignore state requirements there. But the BLM land is scattered sections, the national forests are well inland (no redwoods), and the tribes are more interested in resource protection than raping the environment on their land (technically federal). With major chunks of the land suitable for redwoods already in park or conservation ownership, there's not much room for federal action that can increase the cut.
Courts look to Congressional intent and the language of the law, not what a regulatory agency (subject to Trump) says. That's why Trump's crew has lost a few. They could go farther, but it won't make much difference before next November.
As for reopening the NWP - why? How? FRA doesn't build railroads; they regulate railroads that somebody else built because there's a traffic demand.