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.
Sub-topics
- Reports on Forest Management and Carbon Sequestration Potential 9 resources
- Protecting Forests through Local Land Use Regulations 4 resources
- Conservation Incentives 19 resources
- Deforestation-Free Procurement 1 resource
- Federal and State Forest Management Programs 17 resources
- Protecting Forests through Conservation Easements 9 resources
- Tracking and Certifying Sustainable Forests 4 resources
- Urban Reforestation 4 resources
- Reforestation 1 resource
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65 resources
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.
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 ...
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...
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...
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...
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 ...
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...
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 ...
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.
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...
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...
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...
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. ...
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...
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...
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...
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...
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...
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...
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...
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...
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...
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...
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,...
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...
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 ...
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 ...
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...
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.
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...
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 ...
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...
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...
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...
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...
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...
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...
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.
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 ...
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.
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 ...
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...
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...
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...
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...
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 ...
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 ...
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.
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...
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...
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...
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...
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...
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...
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.
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...
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...
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...
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...
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...
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...
National Conservation Easement Database
The NCED contains records for more than 130,000 conservation easements encumbering more than 24 million acres of land.
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...
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...
Forest Action Plan Database
The National Association of State Foresters catalogs the state forest action plan and best management practices for every state.
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