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Forestry

Forests and forest management have significant roles to play in addressing climate change in the United States. U.S. forests currently sequester nearly 40 gigatons (Gt) of carbon and are growing at a rate that offsets about 700 million tons (0.7 Gt) of CO2 emissions per year, roughly 10% of U.S. total emissions. Forest management in the coming decades could increase forest carbon capture by another 100 million tons per year. However, forests and forest sequestration cannot substitute for emissions reduction in the long term, since forests will eventually reach steady state, where CO2 uptake and release are roughly in balance. Achieving an additional 100 million tons of sequestration per year will present significant challenges, requiring the addition of 2.7 million newly forested acres per year for the next several decades, as the amount of additional land suitable for reforestation declines. Moreover, many existing forests will be stressed by the climate changes that are now inevitable, and those same changes will reduce the areas that can support forests. Failure to manage forests with climate change in mind will result in significant additional carbon releases as trees are assaulted by wildfire, insect infestation, and disease increased by a changing climate. This makes the deep decarbonization necessary to stabilize climate all the more difficult.

Because forest ownership and authority in the United States are distributed among the federal government, state governments, local governments, and private owners, a variety of legal tools must be employed to realize the potential for carbon sequestration and limit the potential damage of climate change. Federal, state, and local governments all have parts to play. National and state laws and regulations should require carbon sequestration tracking and provide credits for sequestration in sustainably managed forests in emissions trading programs. Federal and state programs should include additional incentives for use of biomass generated from “low-use” wood produced through sustainably managed forests in programs to replace fossil fuels for local heating and cooling and to co-fire biomass in electricity generating stations with the CCS capacity. Incentives include local land use regulation and conservation easements to protect existing forests and to encourage reforestation that will sequester carbon, private certification of carbon sequestering forests, and conservation tax incentives to enhance carbon capture on private land.

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65 resources

Resource Congress

Report, Global Tree Cover and Biomass Carbon on Agricultural Land

Zomer et al.’s 2016 report in Nature examines the contributions of agroforestry to global and national carbon budgets.

Resource Foreign

Model Law on Favoring Green Infrastructure in Planning Commission Reviews

One important influence on the adoption of green development is the required permission of various planning commissions. The Chancery Lane Project, a collaborative effort of UK lawyers to develop new ...

Example States and State Governments

RGGI Forest Offset Projects and Biomass Exemption

The Regional Greenhouse Gas Initiative, a carbon cap-and-trade program amongst Northeastern states, has established offset credits Afforestation and Forestry. Allowances are awarded based on the addit...

Resource States and State Governments

California’s Proposed Deforestation-Free Procurement Act

This 2019 proposed bill, called the California Deforestation-Free Procurement Act, or AB 572, would require companies that contract with the state to certify that their products do not cause the cutti...

Resource States and State Governments

Carbon Sequestration Tool for Timber Harvesting Plans

The University of California Forest Research and Outreach Program has designed a Carbon Sequestration Tool for timber harvesting plans. It provides estimates of total carbon sequestration benefits for...

Resource States and State Governments

Report, Greenhouse Gas Emissions and Removals from Forest Land, Woodlands, and Urban Trees in the United States, 1990-2018

USDA Forest Service’s 2020 report delivers an overview of the status and trends of greenhouse gas emissions and removals from forest land, woodlands, hardwood products, and urban trees nationally for ...

Resource Local Governments

Report, Conservation Easements and Climate Change

Aaronson and Manuel’s 2008 report notes how the current law of conservation easements does not recognize the full potential for carbon capture resulting from land conservation, in part because the tax...

Resource Congress

The Inflation Reduction Act

New: The Sabin Center for Climate Change Law and Environmental Defense Fund are announcing the launch of an additional resource on the Inflation Reduction Act Tracker website: the IRA litigation case ...

Example Private Entities

Forest Stewardship Council Certification

The Forest Stewardship Council is an international forest certification entity. It has certified more than 35 million acres of land in the US, including private, state, and federal forests.

Resource Local Governments

Boston’s Urban Forests Plan

In September 2022, Boston published an urban forests plan that stipulates tripling the number of city employees focused on trees, from 5 to 16 people, and creating a new forestry office in an effort t...

Resource Congress

Proposed Wildfire Disaster Funding Act

The proposed Wildfire Disaster Funding Act would shift where the funds to fight wildfires would be taken from. Rather than coming from agency funds dedicated to forest management, under the Act, fight...

Model Law States and State Governments

LPDD Model Grant: Conservation Easement with Declaration of Covenants

This Model Grant of Conservation Easement and Declaration of Covenants was developed by the Pennsylvania Land Trust Association, and adapted by our team to enhance terms that promote biologic carbon s...

Example States and State Governments

New Mexico’s Conservation Executive Order (2021)

In August, New Mexico’s Governor signed an executive order that aims to set aside 30 percent of the state’s lands and waters by 2030 for conservation and another 20 percent for climate stabilization. ...

Example States and State Governments

Maine Tree Growth Tax Law

In Maine, property taxes for forest lands are based on the value of the land in its current use, rather than market value. This method allows for valuation of forestland based on the actual use of the...

Example Executive Branch

IRS Conservation Contributions.

Under the IRC §170(f) and (h), a qualified conservation contribution in the form of a donation of land or a conservation easement to a 501(c)(3) organization such as a land conservancy or a state or l...

Resource Executive Branch

Report, An Introduction to Conservation Easements in the United States: A Simple Concept and Complicated Mosaic of Law

Cheever and McLaughlin’s 2015 article surveys the complex body of state and federal law that shapes the creation, funding, tax treatment, enforcement, modification, and termination of conservation eas...

Example States and State Governments

Kentucky Forest Stewardship Incentives Fund

Kentucky’s forest stewardship incentives fund is used to provide financial assistance to landowners for development of management plans and for practices including reforestation, afforestation, soil a...

Resource States and State Governments

Report, State Forestry Agency Perspectives on Carbon Management and Carbon Market Assistance to Family Forest Owners

Miller et al.’s 2015 report surveys efforts to aid family farm owners in carbon management of forested areas, including six states that have offered assistance programs for carbon management that eith...

Example States and State Governments

California Cap-and-Trade Forest Offset Projects and Biomass Exemption

The California economy-wide cap-and-trade program established under the California Global Warming Solutions Act authorizes the creation of forest offsets. The California Air Resources Board has adopte...

Example States and State Governments

Pennsylvania’s State Forest Resource Management Plan

Pennsylvania’s 2016 State Forest Resource Management Plan recognizes carbon sequestration as one of many consistent objectives of the plan for managing Pennsylvania’s 2.2 million-acre state forest sys...

Resource States and State Governments

Report, Seeding Capital: Policy Solutions to Accelerate Investment in Nature-Based Climate Action

This June 2021 report from Berkeley Law, UCLA, and Bank of America addresses policy mechanisms to drive investment in negative emissions from land-use, improvement of natural carbon sinks, and agricul...

Resource Executive Branch

Report, Forest Management for Carbon Sequestration and Climate Adaptation

Ontl et al.’s 2020 report provides a Forest Carbon Management Menu to help translate broad carbon management concepts into actionable tactics that help managers reduce risk from expected climate impac...

Example States and State Governments

North Carolina property tax reduction for forest conservation

In North Caroline, property taxes for forest lands are based on the value of the land in its current use, rather than market value. This method allows for valuation of forestland based on the actual u...

Resource Congress

Proposed Repairing Existing Public Land by Adding Necessary Trees Act

The proposed Repairing Existing Public Land by Adding Necessary Trees Act (2021) would lift the $30 million annual cap on funds that may be drawn from the federal Reforestation Trust Fund. If enacted,...

Resource Local Governments

USDA report, USDA Building Blocks for Climate Smart Agriculture and Forestry

USDA’s 2016 report outlines a set of “building blocks” to help farmers, ranchers, forestland owners, and rural communities reduce GHG emissions and increase carbon sequestration, including tools for p...

Resource Congress

Report, Forest Management Solutions for Mitigating Climate Change in the US

Malmsheimer et al.’s 2008 report provides a survey of carbon benefits from wood substitution, biomass substitution, wildfire behavior modification, and avoided land use change. The report details how ...

Example States and State Governments

Virginia’s Urban Tree Planning Legislation

Virginia’s SB 461 requires the Department of Forestry, in coordination with a Technical Advisory Committee composed of stakeholders, to develop a Forestland and Urban Tree Canopy Conservation Plan by ...

Example States and State Governments

Maryland Forest Conservation Act and proposed revisions

Maryland’s Forest Conservation Act was adopted to minimize the loss of Maryland’s forest resources during land developing by making identification and protection of forests and other sensitive areas a...

Example States and State Governments

New Jersey RPS Sustainable Biomass Requirements

New Jersey’s Renewable Portfolio Standard requires a sustainability determination to qualify biomass among the technologies that will support the generation of renewable energy credits.

Resource States and State Governments

Maryland Loan Guarantees for Natural Climate Solutions

In 2021, Maryland passed HB 94, creating the Water Quality Revolving Loan Fund. In January 2023, using that fund, Maryland became the first state to approve a loan guarantee to finance “natural climat...

Resource Executive Branch

Forest Stewardship Program

The US Forest Stewardship Program works in partnership with state forestry agencies, cooperative extension, and conservation districts to connect private landowners with information and tools to more ...

Resource Private Entities

Report, Forest Certification in North America

Hansen et al.’s 2006 report surveys the technical challenges to and opportunities from developing forest certification systems. It includes a list of major third-party forest and wood product certific...

Example States and State Governments

North Carolina Forest Development Act

A voluntary cost sharing program to “provide financial assistance to eligible landowners to increase the productivity of the privately-owned forests of the State.” Along with Legislative appropriation...

Example States and State Governments

Michigan Qualified Forest Program

Michigan’s Qualified Forest Program is a program under which a landowner may execute a Qualified Forest Affidavit on land that qualifies to be enrolled. By executing and recording the Affidavit, the l...

Resource States and State Governments

Report, Forest Carbon Solutions for Mitigating Climate Change

This 2015 report from the Forest Climate Working Group provides a toolkit for state governments looking to use forests and forest products as a climate mitigation strategy while also advancing other e...

Example States and State Governments

Georgia Forest Land Protection Act

In Georgia, private land used for “good faith subsistence or commercial production of trees, timber or other wood and wood fiber products” is exempt from property taxes. Eligible property may have sec...

Model Law States and State Governments

LPDD Model Law: State Natural Resources Trust Law

This Model Natural Resource Trust Law aims to provide states a tool to improve and expand their forests and natural areas. Modeled after Oregon’s Forest Resource Trust (See Or. Rev. Stat. § 526.700, e...

Resource States and State Governments

Forest Certification As It Contributes to Sustainable Forestry

The National Association of State Foresters published a 2013 policy statement promoting the auditing and third-party sustainability certification of state forests.

Example States and State Governments

Colorado Conservation Easement Tax Credit

Colorado has offered a state income tax credit for the donation of conservation easements since 2000. Federal requirements for charitable contributions are used to determine eligibility for the state ...

Resource States and State Governments

Oregon Forest Management Plan Guidelines and Template

Oregon State University provides resources for landowners and foresters on forest management, including guidelines on the creation of forest management plans, and templates.

Resource Congress

Report, Recommendation for Enhancing the Role of Forests in Climate Change Mitigation and Ecosystem Adaption to Climate Change

The National Association of State Foresters’ 2015 policy statement outlines recommendation related to private forest management, urban forests, forest health funding, fire assistance, and federal and ...

Example States and State Governments

Virginia Land Preservation Tax Credit

Virginia allows an income tax credit for 40 percent of the value of donated land or conservation easements. Taxpayers may use up to $20,000 per year through 2020 and $50,000 per year in subsequent tax...

Example States and State Governments

Oregon Forest Resource Trust

Oregon’s forest resource trust provides financial and technical assistance to qualified private and local government owners to plant trees and improve management of forestlands for timber production a...

Example Local Governments

Philadelphia Climate Plan and Park Management

The City of Philadelphia has a tree planting and green infrastructure program that will reduce heat island effects and increase biomass. The plan includes programs for managing urban forests to accoun...

Example States and State Governments

California EO B-52-18

California EO B-52-18 was issued to support the state’s resilience to wildfire and other climate impacts, address extensive tree mortality, increase forests’ capacity for carbon capture, and improve f...

Example Executive Branch

Forest Stewardship Program

The US Forest Stewardship Program works in partnership with state forestry agencies, cooperative extension, and conservation districts to connect private landowners with information and tools to more ...

Example States and State Governments

Minnesota Sustainable Forest Incentive Act

In 2001, the Minnesota Legislature created an incentive program that annually pays enrolled landowners $7 per acre of forested land to offset property taxes. Known as the sustainable forest incentive ...

Resource Congress

Congressional Research Service Report, US Tree Planting for Carbon Sequestration

The Congressional Research Service’s 2009 report examines the use of afforestation to provide offsets under a cap-and-trade approach.

Example States and State Governments

Minnesota’s State Climate Action Plan

Minnesota prepared a 2016 report laying the foundation for state climate action planning efforts, which recommended long-term efforts in promoting urban forests, forest health, conservation and workin...

Example Executive Branch

USDA’s Proposed Old Growth Forest Protections

In a notice published in the Federal Register in December 2023, the Agriculture Department said it will direct all land management plans for units of the National Forest System to adopt an “adaptive s...

Resource Congress

Proposed Climate Stewardship Act (2019)

The proposed Climate Stewardship Act of 2019 would: Plant over 16 billion trees by 2050, on a combination of federal, state, local, tribal, and non-governmental lands. The ambitious level of tree plan...

Example States and State Governments

Oregon forestry offsets

Oregon does not have a market-based emissions reduction program, but the state has authorized forest carbon offsets. Oregon permits the state forester to develop contracts with non-federal forest land...

Resource Executive Branch

Report, Climate Reregulation in a Biden Administration

This August 2020 report from the Sabin Center for Climate Change Law charts a course for executive action that, under a new presidential administration, would reverse the deregulatory agenda of the Tr...

Example States and State Governments

California’s Forest Legacy Program

Under California’s forest legacy program, CAL FIRE purchases or accepts donations of conservation easements or fee title of productive forest lands to encourage their long-term conservation. The prima...

Resource Congress

Report, An Analysis of Forestry Carbon Sequestration as a Response to Climate Change

Sohngen’s 2009 analysis argues for afforestation as a cost-effective mechanism for climate mitigation, modeling up to a 17% increase globally in forest acreage.

Example States and State Governments

California’s Forest Carbon Plan

California’s Forest Practices Act encourages carbon sequestration in California’s forests. Consistent with this mandate, in 2017, California forest and fire management authorities published a draft Ca...

Example States and State Governments

Vermont Use Value Appraisal Program

In Vermont, property taxes for forest lands are based on the value of the land in its current use, rather than market value. This method allows for valuation of forestland based on the actual use of t...

Example Private Entities

Sustainable Forestry Initiative Certification

The SFI has certified 250 million acres of forest in the US and Canada, and recognizes the importance of forests in carbon capture and climate change mitigation. Their Standards and Rules impose no sp...

Example Executive Branch

Forest Legacy Program

The Forest Legacy Program, a voluntary federal program in partnership with states, which encourages and supports conservation easements and the acquisition of partial interests in privately owned fore...

Example States and State Governments

North Carolina Executive Order on Conservation and Reforestation

In February 2024, North Carolina’s governor signed an Executive Order that sets statewide targets for governments and private land-protection groups by 2040 to both “permanently conserve” 1 million ac...

Example Private Entities

Cambium Carbon’s Reforestation Hubs

In January 2021, Cambium Carbon, an urban reforestation startup, chose four target cities in hopes to make them look greener in years to come. Pittsburgh; New York City; Denver; and Eugene, Ore., will...

Resource Executive Branch

National Conservation Easement Database

The NCED contains records for more than 130,000 conservation easements encumbering more than 24 million acres of land.

Example Congress

Existing Federal Forest Management Legislation and Regulation

The National Forest Management Act of 1976 established a planning process by which national forestland would be divided into zones by use, and given standards and guidelines to regulate those uses. Th...

Resource Foreign

Model Law on Tree Planting Incentives

The Chancery Lane Project, a collaborative effort of UK lawyers to develop new contracts and model laws to help fight climate change, has published a model law creating a long-term government incentiv...

Resource States and State Governments

Forest Action Plan Database

The National Association of State Foresters catalogs the state forest action plan and best management practices for every state.