Catching you up real quick, this is still true: the future of Black Rock City is at risk, and we need your continued support. Your insightful, articulate comments have been pouring in, and you’re making a difference. Scroll to the bottom of this post to see some examples of great comments that came through.

As you may recall, the Bureau of Land Management has recommended untenable changes to Burning Man’s event permit in the Draft Environmental Impact Study (DEIS), analyzing the environmental impacts we need to mitigate should we decide to grow the event (note: there are no current plans to grow the event), which don’t factor in our 28-year operational track record and commitment to environmental protection, and could kill the event outright. The Wall Street Journal and Vanity Fair, among many others, took notice.

It’s up to our community to submit substantive comments to BLM, pushing back on (or supporting, if that’s how you feel) BLM’s flawed proposals, and the faulty assumptions underlying them. We’ve seen hundreds of excellent comments come in about a multitude of issues including the big ticket items like K-rail barriers, dumpsters, and (unconstitutional) vehicle searches at the gate. You’ve kind of blown our minds. Now we need your thoughts and comments on the other proposals, and we’re here pointing you in the right direction.

We should note that many of BLM’s recommendations are things BRC is doing already to be respectful stewards of the environment. In some cases, their proposals are measures we proposed in our permit application, like scaling up our environmental compliance team. A great many of the measures recommended by BLM are unreasonable, untenable, attempts to solve problems that don’t exist, and/or create new (and worse) problems. BLM didn’t even assess the environmental impacts from their own recommendations, a critical requirement of the National Environmental Policy Act.

We’ve included a quick list below of the mitigations we could still use your comments on. We’ve provided facts and background to give you context about how to best frame your comments. The devil’s in the details. Bad science in the special studies, monitoring requirements that aren’t supported by data, and a troubling lack of discussion about Burning Man’s successful 30-year operational history all are major problems with this Draft EIS. Let BLM know you disagree with their sloppy process and unsupported conclusions.

An important note about BLM’s monitoring wish list in Appendix E. Some of these are already in place, like safeguarding area hot springs and our notification if cultural resources are discovered. But each of the additional measures contemplates having BLM staff on the playa in an official capacity to watch your actions.

Please submit comments by April 29, and cc: eis@burningman.org so our team is in the loop. Lastly, do respectfully reach out to your congressional representatives and let them know how you feel about BLM’s actions. The delegation in Nevada in particular cares about your perspective. Thanks! OK here’s the list:

Migratory Birds, Wildlife, Special Status Species, and Threatened and Endangered Species

Measure SPEC-3

The BLM or BLM-approved contractor will monitor dust aerosols during the Closure Order. The costs of BLM employee and contractor labor will be recouped via cost recovery from the proponent.

Background:

It’s generally agreed that it’s dusty on the Black Rock Desert. The DEIS air quality study confirmed it’s dusty. We wonder what’s the point of spending time, energy and money on monitoring what’s entirely obvious to the naked eye. BLM hasn’t explained how this monitoring will do anything to protect migratory birds or wildlife. We’re not sure exactly what purpose this serves other than to waste money.

Public Health and Safety

Measure PHS-1

The BLM will monitor illegal substance activity for the full duration of the Closure Order using contracted resources if necessary. The costs of BLM employee and contracted labor will be recouped via cost recovery from the proponent.

Background:

Do you enjoy being under surveillance? This mitigation compels BLM surveillance during the event and during Burning Man’s pre-event and post-event operational activities, and thus presumes that NEPA affords BLM the legal authority to surveil a place of work on the presumption that working for Burning Man means you are a criminal, and during a special event on the presumption that your attendance requires “monitoring”. Do NEPA and the U.S. Constitution afford the BLM that legal authority? (Answer: no way.)

Measure PHS-5

The BLM will monitor effectiveness of BRC’s and the BLM’s environmental and vending compliance programs.

Background:

Our environmental and vending compliance programs are robust, and we report to the BLM every day. We’re in contact with them 24/7 on playa and work with them year-round to review our protocols. These programs are extremely successful and run by us, as they should be. We have learned from the current BLM Authorized Officer that this “monitoring” language disguises BLM’s real intent, which is to catch people mid-act instead of assessing overall performance afterwards. This mitigation is unjustified and could easily lead to a situation where (for example) BLM could cite someone for failure to provide secondary fuel containment if they just arrived on playa and, in the act of unpacking, places their fuel can on the ground while they unload the secondary container.

Air Quality

Measure AQ-1

BLM law enforcement and BRC will monitor speed limits within the Closure Area during the Closure Order.

Background:

The speed limit is a BRC-imposed limit, enforced by BRC, and rarely exceeded by anyone other than BLM. BLM does not need to be performing this function.

Measure AQ-2

The BLM or BLM-approved contractor will monitor dust aerosols during the Closure Order. The costs of BLM employee and contractor labor will be recouped via cost recovery from the proponent.

Having been on the playa for 30 years, and being fairly sure that the dust is not going to decrease (as an average) during any given event, why would BLM suddenly need BRC to pay for a vendor to say it is dusty? BRC is pleased to support providing N95 masks for federal employees to protect their lungs.

Visual Resources

Measure VIS-1

The BLM will implement monitoring measure of the Burning Man Event Night Skies Study (Craine and Craine 2017). The costs of BLM employee and contractor labor will be recouped via cost recovery from the proponent.

Background:

Yet another contractor for BLM to manage on playa to tell us that there are lights in the night sky as a result of the Burning Man event. Our third party analysis of the DEIA data confirms the Crane and Crane study methodology is flawed, and their conclusions rely too heavily on a single data point lasting less than one second in a five year period.

Measure VIS-4

The BLM will monitor to ensure high-energy lasers and large lights (e.g., spotlights) are not used during the Event.

Background:

Firstly this is based as above on the response that is scientifically extremely questionable. And secondly this leaves the BLM open to stop almost any light source they want. There is no definition in any of the specifications at all.

Recreation

Measure REC-1

The BLM will work with BRC to develop an independent third-party population monitoring system for the Event. The purpose would be to ensure that the total number of attendees visiting the playa during the Closure Order is equal to or less than the maximum permitted population.

Background:

BRC already has a population counting and reporting system in place, we report to the BLM every day, AND BLM HAS ACCESS TO THE SYSTEM 24 HOURS A DAY. That is how we knew, to the minute, in 2018 when we had 61 extra people on site. This mitigation is unsupported by the data and completely unjustified.

Measure REC-3

The BLM will monitor and assess visitor use numbers, patterns, and activities, and determine if desired experiences are being achieved.

Background:

No. This is entirely outside the scope of BLM’s authority. “Determine if desired experiences are being achieved”? What experiences, exactly? And what if they’re “not being achieved”? Would that put BRC out of compliance with our permit? BLM does not get to determine what your Burning Man experience is.

Measure REC-4

Through post-Event inspections, the BLM will assess the magnitude, distribution, and subsequent impacts of all debris generated by the Event.

Background:

All debris??? Is BLM going to track you back to your house to assess how well you throw away your trash? This is broad and vague enough to imply that the BLM presumes authority to assess debris production and DISTRIBUTION, wherever that may be: Nevada, on public land, in San Francisco, the Reno airport, wherever.

Transportation and Traffic

Measure TRAN-1

The BLM will install traffic counters at 12-Miler and Gate Roat 14 days before Labor Day, and they will remain in operation until 7 days after Labor Day. The costs of the equipment and BLM employee labor will be recouped via cost recovery from the proponent.

Background:

NDOT has installed counters on SR447 and BRC scans all vehicles coming into BRC. Why must BRC pay for an external vendor to validate work already undertaken?

Examples of Excellent Comments

Hello BLM,

Thank you for allowing me to comment on your Burning Man Environmental Impact Statement. My story: Retail business owner (motorcycle accessories) for 9 years in Costa Mesa, California, and 17-year Burning Man participant, beginning in 2001. I organize theme camps and have participated in art cars on playa, and I help organize Burner-related events throughout the year in Orange County, CA. I’ve driven my vehicle to the playa each time, personally spending thousands of dollars over the years on food, hotels, fuel and services in Nevada.

Mitigation PHS-1: At all portals of entry into the Event, beginning 14 days before Labor Day, BRC will be required to contract a BLM-approved, independent, third-party, private security to screen vehicles and participants, vendors and contractors, and staff and volunteers entering the Event. Third-party, private security will report Closure Order violations, to include weapons and illegal drugs, directly to law enforcement as violations are observed so that law enforcement can respond. Third-party, private security will provide an Event summary report to the BLM within 30 days of the end of the Event.

In my 17 years attending Burning Man, weapons and illegal drugs have never caused me even a moment of concern. Also, this sounds like a violation of the 4th Amendment of the U.S. Constitution and probably other laws. Law enforcement officers already inside the event provide a substantial deterrent to any illegal activities.

Mitigation PHS-3: BRC will be required to implement physical perimeter barriers (e.g., Jersey barriers and K-rail fence) to reduce the risk of unauthorized entry to the Event. This will be done concurrent with city and perimeter fence construction.

Each year, I spend a significant amount of time out on “deep playa”, and near the trash fence, during day and night, and not once have I witnessed any issue that would be mitigated with this extremely expensive and playa-damaging proposal, which is not supported by any facts and was clearly written by someone who has not been to the edge of Burning Man. Inclusion of this solution-to-a-problem-that-doesn’t-exist calls into question the integrity of the whole EIS document.

Mitigation WHS-4 and Mitigation WHS-6: BRC will require all participants and staff on the playa to clean up and dispose of all fluids and materials by the appropriate means. The BLM will monitor disposals.

BRC and all of us participants already do this! It’s part of our Leave No Trace philosophy, which is core to our experience. I’ve personally witnessed, and helped out with many incidents of BRC Rangers pointing out potential spills and educating the potential offenders, with great success.

Mitigation SOIL-3: BRC will restore the playa contours by the end of the Closure Order.

BLM has not defined “playa contours” or “restore playa contours”. BRC’s restoration team spends weeks post-event restoring the playa, and busts dunes that may have been created, effectively eliminating dunes before leaving. We already “restore” your “contours”.

Mitigation ECON-1: BRC will negotiate with Washoe County to provide cost recovery for maintenance of CR 34 associated with Event traffic.

This proposed mitigation falls outside of the BLM’s authority. Also, collectively, Burners have paid millions of dollars of taxes on Nevada fuel that go into the fund already allocated for this purpose. County Route 34 is a county-maintained road that was designed and built in the early 1970s to last 30 to 40 years, according to Washoe County records. It has already surpassed its expected lifespan, with or without Burning Man. On a related note, the National Park Service does not impose excessive fees to make visitors pay local governments for road repair. To say this is excessive and unfair is an understatement.

DUMPSTERS! Really? Again, have the proposal writers even been to Burning Man? Leave No Trace is our mantra every minute of every day there. Taking trash home- which includes gray water from showering and brushing teeth, by the way- is a way of life. Coachella has dumpsters; Burning Man does not want to change one of our basic principles.

Burning Man has indicated that there are currently no plans to grow the event to the 100,000 your report is suggesting. So many aspects of this report add nothing to the event for participants- not safety or convenience – except perhaps a prohibitive cost increase.

Thanks for listening,

[REDACTED]

“The second issue is more personally troubling. Burning Man staff and volunteers already search every vehicle that crosses into Black Rock City. Our Constitution protects our citizens from unwarranted search and seizures. I fail to see, how as a 64 year old Grandmother of 3, Library volunteer, never been in trouble, never been arrested, I deserve to be searched by an outside security firm and/or Law enforcement? Just because I have chosen to attend Burning Man for the last 9 years? What possible justification could you have for an unwarranted search?”

Comment on private security searches from AK: “The Burning Man event constitutes a city of about 70,000 people. “Black Rock City” is one of the largest cities in the state of Nevada during the event. As in any functioning city, goodwill between citizens and police officials are an essential foundation of safety.

By requiring mandatory, warrantless searches of all vehicle traffic into the event, the event begins on a foundation of mistrust. This mistrust might further exacerbate issues that do inevitably arise during the event.

Moreover, the civil liberties concerns raised by these searches could lead to liability for both the Burning Man organization and the BLM; taxpayer dollars will be required to defend the BLM against any suits raised by event participants whose rights are violated.”

“In regards to Mitigation AQ-1: I’ve personally not seen any Burning Man affiliated organization (or individual) do anything to cause dust storms – I don’t see how Burning Man can be responsible for providing solutions to mitigate naturally occurring phenomena.”

Top photo by Will Roger Peterson