Washington, D.C.—Today, Congressman Doug LaMalfa (R-Richvale), along with Reps. Jimmy Panetta (D-CA) and Jeff Hurd (R-CO), introduced H.R. 3300, the Forest Protection and Wildland Firefighter Safety Act of 2025, to ensure aerial fire retardant remains available for wildfire suppression efforts without being tied up in Clean Water Act permitting delays. The bill clarifies that federal, state, local, and tribal firefighting agencies do not need a National Pollutant Discharge Elimination System (NPDES) permit to use fire retardant from aircraft when responding to wildfires.
Congressman LaMalfa was joined by eight bipartisan members of Congress in co-sponsoring this legislation: Reps. David Valadao (R-CA), Young Kim (R-CA), Ken Calvert (R-CA), Darrell Issa (R-CA), Tom McClintock (R-CA), Vince Fong (R-CA), Adam Gray (D-CA), and Jim Costa (D-CA). Senator Cynthia Lummis (R-WY) also introduced a companion bill in the Senate.
“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.”
“In Wyoming and across the west, we understand all too well the devastating toll wildfires take on our communities,” said Senator Lummis (R-WY). “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.”
"With nearly 9 million acres burned nationwide in 2024, the threat of wildfire is only growing," said Rep. Panetta (CA-19). "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 (CO-03). “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 (CA-48).
“California suffers from thousands of wildfires each year, and taking fire retardant away from the U.S. Forest Service is reckless,” said Rep. Valadao (CA-22). “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.”
“We need all hands on deck and all the tools in our arsenal during a wildfire,” said Rep. Kim (CA-40). “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 (CA-41). “I thank Rep. LaMalfa for introducing this important bill.”
“Communities across California have been devastated by increasingly destructive wildfires,” said Rep. Gray (CA-13). “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 (CA-21).
“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 (CA-20). “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 (CA-05). “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, 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.
Congressman Doug LaMalfa is Chairman of the Congressional Western Caucus and a lifelong farmer representing California’s First Congressional District, including Butte, Colusa, Glenn, Lassen, Modoc, Shasta, Siskiyou, Sutter, Tehama and Yuba Counties.
