Ban on fire retardant to limit water pollution? Not so fast.

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Under the National Environmental Policy Act of 1969 — one of the first major federal environmental laws — a core principle of regulation is a cost-benefit analysis that examines the consequences of all the alternatives being considered in response to any particular problem. The smart approach acknowledges the concern reflected in a well-known saying: Sometimes the cure is worse than the disease.

A federal court case with this concern at its center is now unfolding in Montana, one that fire officials warn has grim implications for California’s ability to fight the massive forest blazes that have become far more common over the past decade because of the hotter, drier conditions generated by the climate emergency. At issue is the government’s use of aerial fire retardant in responding to giant forest fires that can’t be controlled by other tactics. The group that filed suit, Forest Service Employees for Environmental Ethics, says this breaks federal clean water laws because the toxic red slurry that’s used can foul waterways. But instead of working with U.S. agencies to develop a plan to quickly clean up waterways after fire retardant is used, the group seeks an injunction blocking its use until authorities get a pollution permit — which could take years.

California Forestry Association President Matt Dias said it is “terrifying” to contemplate the coming fire season if retardant is not available to federal agencies as a tool. Representatives of the Northern California town of Paradise — where the 2018 Camp Fire killed 85 people and destroyed the town — are part of a coalition warning of the drastic risks a ban would create. One of those dangers is — wait for it — massive pollution. Researchers estimate California wildfires emitted about 127 million metric tons of carbon dioxide in 2020, compared with about 65 million metric tons of carbon dioxide reductions the state achieved in the 18 prior years. Environmental concerns must be carefully weighed against the death, damage and pollution wildfires can cause.