WASHINGTON – Today, Congressman David Valadao (CA-22) joined Reps. Doug LaMalfa (CA-01), Jimmy Panetta (CA-19), Jeff Hurd (CO-03), Young Kim (CA-40), Ken Calvert (CA-41), Darrell Issa (CA-48), Tom McClintock (CA-05), Vince Fong (CA-20), Adam Gray (CA-13), and Jim Costa (CA-21) in reintroducing the Forest Protection and Wildland Firefighter Safety Act. This bipartisan bill would amend the Federal Water Pollution Control Act to clarify that a permit is not required to use fire retardant to fight wildfires.

“California suffers from thousands of wildfires each year, and taking fire retardant away from the U.S. Forest Service is reckless,” said Congressman Valadao. “This bipartisan bill ensures the heroes fighting wildfires have every tool at their disposal to minimize damage to our forests, homes, and businesses. I’m proud to join my Western colleagues to prioritize safety and common sense over extreme environmental policies.”

“Fire retardant is one of the most effective tools we have to stop wildfires from turning into disasters—especially in the West,” said Rep. LaMalfa. “Trying to ban its use during fire season isn’t just ridiculous, it’s dangerous. These extremist environmental groups are more worried about trace amounts of retardant than the real damage caused by out-of-control fires. Entire forests, homes, wildlife, and human lives are at stake. The smoke alone from one major wildfire can choke the air for hundreds of miles. We should be focused on stopping fires early, not tying firefighters’ hands with red tape.”

"With nearly 9 million acres burned nationwide in 2024, the threat of wildfire is only growing," said Rep. Panetta.  "This bipartisan legislation would make clear that fire retardant must remain a critical part of our wildfire response strategy.  Protecting our homes, our forests, and those on the front lines keeping us safe remains our top priority."

“Catastrophic wildfires have swept across the West over the past decade, devastating communities, public lands, and wildlife habitats,” said Rep. Hurd. “This bipartisan legislation ensures the Forest Service has the critical tools and resources it needs, free from bureaucratic red tape, to protect lives, and I’m proud to stand with my Western colleagues to deliver real support to those on the front lines.”

“We know that regulatory ‘green tape’ blocks our firefighters from battling deadly blazes once they start, as well as preventing the wildfires we know will occur. Even though my home state of California faces the devastating threat of wildfires every year, bureaucrats in Washington and Sacramento continue to handcuff our heroes. That’s why I’m proud to sponsor the Forest Protection and Wildland Firefighter Safety Act, which will streamline the essential aerial suppression efforts of our wildland firefighters as they take on and take down our nation’s wildfires,” said Rep. Issa.

“We need all hands on deck and all the tools in our arsenal during a wildfire,” said Rep. Kim. “Fire retardant has proven to be safe and effective for containing and mitigating wildfires, and I’m proud to join Reps. LaMalfa and Panetta to ensure its continued use. As the representative of many wildfire-prone areas, including in the canyon communities of Orange County, I will keep fighting to support commonsense policies to protect our communities.” 

“The bipartisan Forest Protection and Wildland Firefighter Safety Act will ensure our most critical wildfire suppression tool, fire retardant, is available to protect our communities when we need it most,” said Rep. Calvert. “I thank Rep. LaMalfa for introducing this important bill.”

“Communities across California have been devastated by increasingly destructive wildfires,” said Rep. Gray. “In order to protect Californians, firefighters must be able to use every tool available to them. This bipartisan, commonsense bill that will empower them to do just that.”

"As climate change fuels more intense and frequent wildfires across California, we must act to protect our communities and those who risk their lives on the frontlines. This legislation strengthens our wildfire response, invests in prevention, and gives firefighters the support they need to do their jobs safely. This is about protecting lives, livelihoods, and the land we all depend on," said Rep. Costa.

“This bill will improve wildfire response by streamlining fire suppression efforts and will eliminate the bureaucratic red tape that hinders firefighters on the front lines,” said Rep. Vince Fong. “As catastrophic megafires become increasingly common in California, firefighters must have timely access to every available tool without being delayed by cumbersome environmental waiver processes.”

“With California wildfires on the rise, it’s commonsense to allow firefighters expedient access to critical resources” said Rep. McClintock. “I’m proud to join my colleagues in co-sponsoring the Forest Protection and Wildland Firefighter Safety Act to cut bureaucratic red tape and fight fires more efficiently.”  

Background:

In 2022, the Forest Service Employees for Environmental Ethics (FSEEE) sued the U.S. Forest Service in a federal district court for failing to obtain a National Pollutant Discharge Elimination System (NPDES) permit for the application of aerially discharged fire retardant when combating fires. In 2023, the Federal court ruled in favor of the FSEEE requiring the Forest Service to obtain a NPDES permit from the EPA for aerial application of fire retardants, but did not grant FSEEE’s request for an injunction to block the Forest Service application of these products. If an injunction had been issued, millions of square miles in the West would be at risk of being lost due to catastrophic wildfires.

The Forest Protection and Wildland Firefighter Safety Act would:

• Clarify the Federal Water Pollution Control Act to reflect that a NPDES permit is not required by the Forest Service for the application of fire retardants from planes or helicopters to combat wildfires.
• Build on the exemption already in the Federal Water Pollution Control Act where a NPDES permit is not needed for the discharge of runoff resulting from fire control activities.
  

Read the full bill here.

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