WYOMING — On March 14, Senator Lummis (R-WY) and colleagues introduced the Forest Protection and Wildland Firefighter Safety Act of 2023 to protect firefighters, communities and property in Wyoming and the west from the devastating impacts of wildfires.
Senator Lummis’ colleagues on this bill include Senators Mike Crapo (R-ID), Jim Risch (R-ID), Steve Daines (R-MT) and Dan Sullivan (R-AK).
This bill will create a Clean Water Act exemption for federal, state, local and tribal firefighting agencies and allow them to use fire retardant on fires. The bill is in response to an environmental group in Oregon suing the U.S. Forest Service under the Clean Water Act to require a National Pollutant Discharge Elimination System (NPDES) permit to use fire retardant in a wildfire situation.
FSEEE has requested an injunction in Montana on the use of fire retardant until the Forest Service receives this NPDES permit, which could take years and compromise firefighting efforts this upcoming summer.
“Fire retardant is an irreplaceable tool to fight wildfires, and it is critical this resource is available to federal, state, local and tribal firefighting agencies,” said Senator Risch.
There is increasing wildfire risk in the west, including in Teton County, and if preventative efforts and mitigation fails then fire retardant can be a crucial tool for containing the spread of wildfires.
“Our courageous firefighters need every tool at their disposal to prevent out-of-control burns, save lives and protect homes and critical infrastructure,” said Senator Sullivan.
The legislation is supported by the United Aerial Firefighters Association, whose President John Gould notes that fire retardant is a proven and essential tool in fighting wildfires.









