Stay up to date with notifications from The Independent

Notifications can be managed in browser preferences.

Judge says fire retardant drops are polluting streams but allows use to continue

A judge has ruled that chemical retardant dropped on wildfires by the U.S. Forest Service is polluting streams in western states in violation of federal law, but says it can keep being used to fight fires

Matthew Brown
Friday 26 May 2023 17:03 BST

Your support helps us to tell the story

From reproductive rights to climate change to Big Tech, The Independent is on the ground when the story is developing. Whether it's investigating the financials of Elon Musk's pro-Trump PAC or producing our latest documentary, 'The A Word', which shines a light on the American women fighting for reproductive rights, we know how important it is to parse out the facts from the messaging.

At such a critical moment in US history, we need reporters on the ground. Your donation allows us to keep sending journalists to speak to both sides of the story.

The Independent is trusted by Americans across the entire political spectrum. And unlike many other quality news outlets, we choose not to lock Americans out of our reporting and analysis with paywalls. We believe quality journalism should be available to everyone, paid for by those who can afford it.

Your support makes all the difference.

A judge ruled Friday that chemical retardant dropped on wildfires by the U.S. Forest Service is polluting streams in western states in violation of federal law, but said that it can keep being used to fight fires.

The ruling from U.S. District Judge Dana Christensen in Montana came after environmentalists sued the government for dropping the red slurry material into waterways hundreds of times over the past decade.

Government officials say chemical fire retardant is sometimes crucial to slowing the advance of dangerous blazes. Wildfires across North America have grown bigger and more destructive over the past two decades.

More than 200 loads of retardant got into waterways over the past decade. Federal officials say those situations usually occurred by mistake and in less than 1% of the thousands of loads annually.

The Oregon-based group Forest Service Employees for Environmental Ethics argued in its lawsuit filed last year that the Forest Service was disregarding the Clean Water Act by continuing to use retardant without taking adequate precautions to protect streams and rivers,

A coalition that includes Paradise, California — where a 2018 blaze killed 85 people and destroyed the town — had said a court ruling that stopped the use of retardant would have put lives, homes and forests at risk.

Thank you for registering

Please refresh the page or navigate to another page on the site to be automatically logged inPlease refresh your browser to be logged in