Crapo, Risch, Lummis Introduce Bill to Protect Firefighters, Communities from Wildfire Threats

Washington, D.C.--U.S. Senators Mike Crapo (R-Idaho), Jim Risch (R-Idaho) and Cynthia Lummis (R-Wyoming) led their colleagues in introducing the Forest Protection and Wildland Firefighter Safety Act of 2025 to safeguard firefighters, communities and property across the West from the destructive impacts of wildfires.

“Uncontrolled wildfires wreak havoc on communities and landscapes throughout the West—burning close to one million acres in Idaho last year alone,” Crapo said.  “This bill ensures the heroic men, women and agencies battling raging fires can continue deploying aerial fire retardant when people’s lives, homes, possessions and Idaho’s vast natural expanses are threatened by blazing infernos.”

“Our response to devastating wildfires must not be delayed by extremist, activist litigants,” said Risch.  “The Forest Protection and Wildland Firefighter Safety Act ensures timely access to fire retardant and protects Idaho’s communities, forests and way of life.”

“In Wyoming and across the West, we understand all too well the devastating toll wildfires take on our communities,” said Lummis.  “Without timely access to fire retardant, lives and homes are at risk.  In an emergency, we cannot afford to let bureaucracy slow down our response, and this legislation ensures firefighters have the tools they need to protect lives, property and public lands.”

Crapo, Risch and Lummis are joined by U.S. Senators John Barrasso (R-Wyoming), Steve Daines (R-Montana) and Tim Sheehy (R-Montana) as original co-sponsors.

The Forest Protection and Wildland Firefighter Safety Act ensures that federal, state, local and tribal firefighting agencies can continue using fire retardant to combat wildfires without being hindered by permitting delays.  Specifically, it creates an exemption under the Clean Water Act, clarifying that a National Pollutant Discharge Elimination System (NPDES) permit is not required for the use of fire retardant in active firefighting operations.

Currently, agencies like the U.S. Forest Service operate under longstanding EPA guidance dating back to 1993, which states that fire control qualifies as a “non-point source silvicultural activity,” and thus does not require an NPDES permit.  Despite this, environmental groups have filed lawsuits seeking to halt the use of fire retardant until such permits are issued—a process that could take years.

If the injunction is granted and fire retardant is not available for use in 2025, firefighters and individuals living in forested areas would be in greater danger and billions of dollars of infrastructure would be at risk.

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