SEATTLE — A federal judge has ruled that the U.S. Forest Service’s plan for using fire retardant to fight wildfires violates the law because it does not ensure protections for threatened and endangered species of fish and other animals.
The plan encourages pilots not to drop retardant within 300 feet of a body of water, but it allows exceptions if flying conditions require it or if lives or property are in danger. In some cases, large numbers of fish have been killed when retardant has been dropped into lakes and streams.
Late Tuesday, Judge Donald Molloy of U.S. District Court in Montana ordered the Forest Service, the Fish and Wildlife Service and the National Marine Fisheries Service to conduct more rigorous environmental reviews. Molloy did not halt the use of retardant but said he would consider doing so if new procedures were not in place by the end of 2011.
