Washington, DC – Today, U.S. Representative Young Kim (CA-40) joined fellow California Reps. Doug LaMalfa (CA-01) and Jimmy Panetta (CA-19) to introduce the Forest Protection and Wildland Firefighter Safety Act.
This bipartisan bill ensures that federal, state, local and tribal firefighting agencies can use fire retardant, a vital tool used to contain or slow the spread of wildfires, without restraints from burdensome permitting regulations.
“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.”
“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.”
Reps. David Valadao (CA-22), Ken Calvert (R-CA), Darrell Issa (CA-48), Tom McClintock (CA-05), Vince Fong (CA-20), Adam Gray (CA-13), and Jim Costa (CA-21) also cosponsor this bipartisan bill.
Senator Cynthia Lummis (R-WY) introduced a companion bill in the Senate.
Background
In 2022, an environmental group sued the Forest Service over its use of aerial fire retardant, arguing it should be regulated under the Clean Water Act. A federal court ruled in 2023 that the Forest Service must obtain a NPDES permit from the EPA, but declined to issue an injunction that would have halted the use of retardant during fire season. The permitting process is expected to take years, and if future litigation results in a successful injunction, firefighters could be forced to ground aircraft or fly them with only water—putting lives, forests, and property at serious risk.
The Forest Service has made clear in testimony that aerial retardant is a critical part of its integrated wildfire strategy and that current operations already prohibit discharge into waterways or buffer zones. Over the past decade, less than 1% of fire retardant drops have affected waterways.
The bill builds on existing exemptions in the Clean Water Act for fire control activities and ensures continued use of fire retardants that are approved and listed on the Forest Service’s Qualified Products List.
