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The one-year exemption covers firefighting by federal agencies and their contractors, including the aerial use of fire retardants, but leaves some legal requirements in place.
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The decision covers firefighting by the US Forest Service, the Interior Department and other executive agencies, as well as their contractors. It includes the aerial use and discharge of fire retardants and runs from 10 November 2026 to 10 November 2027.
In a White House memorandum, Trump said the exemption was in the “paramount interest of the United States”. It covers federal, state, interstate and local requirements, administrative authority, processes and sanctions relating to the control of water pollution.
The exemption does not cover two sections of the Clean Water Act dealing with performance standards for new sources and standards for toxic discharges and wastewater pretreatment. The memorandum also says it does not limit any other legal requirements applicable to the firefighting activities.
The law cited by Trump allows a president to grant such exemptions for up to one year, while excluding those two sections. The memorandum says it is not intended to imply that agencies would otherwise need water-pollution permits for the exempted operations.
The memorandum notes that aspects of the activities are the subject of a lawsuit brought by Forest Service Employees for Environmental Ethics against the US Forest Service. It directs the agriculture secretary to publish the determination in the Federal Register.
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