Lummis Introduces Bill to Protect Firefighters and Communities from Wildfire Threats

U.S. Senate Western Caucus Chair Cynthia Lummis (R-WY)  recently led her colleagues in introducing the Forest Protection and Wildland Firefighter Safety Act of 2025, aimed at safeguarding firefighters, communities, and property in Wyoming and across the west from the destructive impacts of wildfires. Senator John Barrasso (R-WY) was one of the bill’s original co-sponsors. Companion legislation was also introduced in the U.S. House of Representatives.

According to information from the Office of Senator Lummis, the legislation 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 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 affirms 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.