Realignment of federal environmental policies to recognize fire’s role

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Enactment of the Clean Air Act (CAA), Endangered Species Act (ESA), and National Environmental Policy Act (NEPA), three of the primary federal environmental laws, all coincided with the height of fire suppression and exclusion in the United States. These laws fail to acknowledge or account for the importance of fire in many fire-adapted and fire-dependent ecosystems, particularly in the American west, or the imperative for fire restoration to improve resiliency and reduce wildfire risk as identified by western science and Indigenous knowledge. We review the statutory and regulatory provisions of these federal laws to identify how the existing policy framework misaligns with the unique role of fire in ecosystems and with Tribal sovereignty, identify specific barriers and disincentives to beneficial fire use, and propose specific policy reforms.