Skip to main content

New top story from Time: California’s Wildfire Problem Could Be Solved by a Few Legal Changes

https://ift.tt/3mzTWA5

A version of this story first appeared in the Climate is Everything newsletter. If you’d like sign up to receive this free once-a-week email, click here.


It’ll take billions of dollars, tens of thousands of new forestry workers, and a systematic rethink of the way we build homes and manage the land to solve some parts of California’s wildfire crisis. Other aspects might be fixed with a paper and pen.

As a series of conflagrations burn through much of California, displacing thousands and filling skies with smoke, it might seem strange to say that changes to a few statutes could make a difference. Indeed, the lion’s share of the problem of West Coast wildfires is systemic, with decades of overgrowth in California forests combining with hot, dry weather exacerbated by climate change to create the perfect storm for the blazes that have consumed more than a million acres in the state this year. Easy answers have been hard to come by, with disagreements over strategy rampant and state and federal agencies at odds with one another over how to prevent seasonal wildfires going forward. But some lawyers say that tweaking a few legalities could make a real difference.
[time-brightcove not-tgx=”true”]

Take liability laws around controlled burns. Small, well-managed burns are an essential aspect of land management in many fire-prone areas, removing tall brush and dead foliage that can cause bigger fires to burn out of control under the worst weather conditions. But some laws actually disincentivize landowners from taking such steps. In much of California, a landowner who undertakes to start a controlled burn on their property has to jump through a series of hoops, proving they have the expertise to set a controlled fire that will stay controlled, and under conditions where smoke will disperse relatively quickly. But even if they do everything right, if a neighbor sees smoke from a permitted controlled burn and calls fire control, the landowner gets billed for the firefighters’ trouble under current regulations in many areas, incurring a debt that can run to tens of thousands of dollars.

“There’s a bias in the law over the last 100 years toward creating lots of liability for people who try to create fires on their lands, and no liability for people who keep their land as a tinderbox,” says Michael Wara, a research scholar focusing on climate and energy policy at Stanford Law School. He says many of those who plan controlled burns are firefighters volunteering time in the offseason to make their own communities more resistant to wildfires. “If we’re not going to pay them, at least we shouldn’t put their own personal wealth at risk when they’re trying to be a good Samaritan,” says Wara.

In some parts of the state, particularly in the hotter, drier south, fire departments can declare a dangerously overgrown and fire-prone property a public nuisance, and then either have the landowner mitigate the problem themself, or else send workers to do it and bill the landowner later. But in some parts of Northern California, where drought has more lately brought extreme fire risk, county commissioners have to vote to declare an individual property a nuisance, a hurdle which all but guarantees that the procedure occurs seldom, if at all.

However, a significant chunk of California—and a large part of the land that has burned this season—is owned by the federal government, and with local authorities lacking jurisdiction over federal lands, no county board is going to make much headway accusing them of being a nuisance. Federal land management policy is a hotly contested issue in D.C. and Sacramento, with some officials advocating to stomp out every fire as soon as it is detected against the advice of scientists and forestry experts, who say it’s better to allow smaller burns to clear out decades of built up underbrush in order to prevent the worst and most dangerous conflagrations that can send clouds of wildfire smoke drifting into large cities.

There’s one legal change, Michael Wara thinks, which could help improve that conversation. Currently, wildfire smoke isn’t counted as air pollution under the Clean Air Act, even as it causes thousands of deaths across the state. A change to that policy might cause the U.S. Environmental Protection Agency to get involved in the issue of forest management, potentially forcing federal action with an eye more toward protecting vulnerable populations from wildfire smoke. “That’s the kind of thing that EPA should be thinking about,” says Wara. “They’re not, because they have no legal obligation to do so.”

Comments

Popular posts from this blog

New top story from Time: ‘It’s a Catastrophe.’ Iranians Turn to Black Market for Vaccines as COVID-19 Deaths Hit New Highs

https://ift.tt/3AODY94 In January, Iranian Supreme Leader Ayatollah Ali Khamenei made the sudden announcement that American and British-made COVID-19 vaccines would be “forbidden” as they were “completely untrustworthy.” Almost nine months later, Iran is facing its worst surge in the virus to date — a record number of deaths and infections per day with nearly 4.2 million COVID-19 patients across the country , and a healthcare system near collapse. “It’s a catastrophe; and there is nothing we can do,” said an anesthesiology resident in one of Tehran’s public hospitals who due to the current surge is tasked to oversee the ICU ward for COVID-19 patients. “We can’t treat them nor help them; so all I can ask people to do is to stay home and do whatever it takes to not get exposed.” The doctor requested anonymity in order to speak freely; others interviewed by TIME asked to be identified only by their first name. [time-brightcove not-tgx=”true”] The scale of the crisis is such ...

New top story from Time: Myanmar Security Forces Open Fire on Protesters, Killing Several and Marking Deadliest Day of Protests

https://ift.tt/3uFmav3 YANGON, Myanmar — Security forces in Myanmar opened fire and made mass arrests Sunday as they sought to break up protests against the military’s seizure of power, and a U.N. human rights official said it had “credible information” that 18 people were killed and 30 were wounded. That would be the highest single-day death toll among protesters who are demanding that the elected government of Aung San Suu Kyi be restored to power after being ousted by a Feb. 1 coup. “Deaths reportedly occurred as a result of live ammunition fired into crowds in Yangon, Dawei, Mandalay, Myeik, Bago and Pokokku,” the U.N. Human Rights Office said in a statement referring to several cities, adding that the forces also used tear gas, flash-bang grenades and stun grenades. “We strongly condemn the escalating violence against protests in Myanmar and call on the military to immediately halt the use of force against peaceful protesters,” its spokesperson Ravina Shamdasani was...

US against use of telecom equipment from Huawei: White House https://ift.tt/3t63bJ6

The United States is against the use of telecom equipment from untrusted vendors like Huawei, the White House said on Wednesday.

New top story from Time: Albertsons CEO Vivek Sankaran Says His Stores Can Vaccinate More Americans. He Just Needs the Doses

https://ift.tt/2YsAwju (Miss this week’s Leadership Brief? This interview below was delivered to the inbox of Leadership Brief subscribers on Sunday morning, Jan. 31; to receive weekly emails of conversations with the world’s top CEOs and business decisionmakers, click here .) While President Joe Biden’s Cabinet and other senior-level appointments have generally received high marks for their overall competence and experience, there is one notable empty seat at the table. At a moment when the health of the nation, and the nation’s economy, is dependent on production and distribution issues , one can’t help but wish there were at least one private-sector business ninja in the Cabinet, ideally a person with manufacturing, logistics and supply-chain experience. Social media is atwitter with facetious calls for Amazon Prime to deliver the COVID-19 vaccine and take care of the problem in two days. My own half-facetious daydream is to put Walmart —which has 150 million people pass...

New top story from Time: ‘I Can Be Someone I Didn’t Have.’ Actor Simu Liu on Asian Representation and His Marvel Future

https://ift.tt/3ad9HoX A Chinese-Canadian actor as the face of a Marvel superhero franchise? That’s not the world Simu Liu grew up in. But that’s the world Liu is making this year. “ I can be someone I didn’t have as a kid ,” the actor tells TIME100 Talks He’s talking about the upcoming Shang-Chi and the Legend of the Ten Rings , the first Marvel Cinematic Universe movie starring a hero of Asian descent, due out in July. The Kim’s Convenience actor will play the titular character, Shang-Chi. And—as his comment suggests—it’s been a long time coming. “ I loved comics as a kid, I loved superheroes, but I really didn’t see myself represented in that space,” he says. “I really hope with this movie, kids who are like me, who grew up similarly, can have that. That’s really the power of representation: seeing yourself on screen and feeling like you’re a part of this world, which for Asian children who have grown up in the West hasn’t always been the case.” Liu’s leading-man s...

Celebrating LGBTQIA Diversity at the SFMTA

Celebrating LGBTQIA+ Diversity at the SFMTA By Enrique Aguilar Yves standing in front of a photo of his father at the SFMTA headquarters. This Pride Month, we are spotlighting some incredible people who work tirelessly behind the scenes at the SFMTA and are part of the agency's LGBTQIA+ community. Their dedication, passion and unique perspectives contribute to the success of our transportation system, making it a true reflection of the diverse customers we serve.  Yves Michael C. Valdez is an HR Analyst for Employee and Labor Relations and is passionate about helping others. Outside of work, Yves is an avid gardener who has cultivated a collection of dwarf Japanese maples, succulents and orchids.  Several key motivations led Yves to the SFMTA. He relied on public transit when he moved to San Francisco from the Philippines, and that left a lasting impression on him. The daily interactions and unique experiences of passengers, sometimes filled with drama, comedy and suspens...

Pakistan: Seven killed, 70 injured in blast at Peshawar madrasa https://ift.tt/37Ed6xs

At least seven people were killed and 70 others injured in an explosion that ripped through Pakistan city Peshawar Tuesday morning, the Dawn reported. The blast was reported at a madrasa in Dir Colony. The cause of the blast is not yet known. Meanwhile, police and rescue officials reached the scene.

You May Be Surprised By What Your Nose Can Reveal About Your Health Did you know that everything about your nose, ranging from its appearance to the smelling ability as well as the colour of your snot reveals your health condition? Well, if you did not, it is about time you learn about it.

Did you know that everything about your nose, ranging from its appearance to the smelling ability as well as the colour of your snot reveals your health condition? Well, if you did not, it is about time you learn about it. https://ift.tt/eA8V8J

Verdict in Babri mosque demolition case today; UP on high alert https://ift.tt/2SoefR3

A special court in Lucknow will deliver the much-awaited judgment on Wednesday in the 1992 Babri Masjid demolition case in which BJP veterans LK Advani and Murli Manohar Joshi are among the accused. CBI judge SK Yadav had on September 16 directed all the 32 surviving accused to remain present in the court on the day of the judgment. The accused include former deputy prime minister Advani, former Union ministers Joshi and Uma Bharti, former Uttar Pradesh chief minister Kalyan Singh, besides Vinay Katiyar and Sadhvi Rithambara.

SFMTA Staffers Share their Favorite SF Bike Rides

SFMTA Staffers Share their Favorite SF Bike Rides By Eillie Anzilotti Happy Bike Month, San Francisco! To celebrate, we’re sharing some of SFMTA staffers’ favorite rides through the city. From protected bike lanes to quick-build projects to Slow Streets, the JFK Promenade, and the Great Highway, all of the routes roll through projects that the SFMTA has completed in the last several years to make biking through San Francisco easier, safer, and joyful. We hope you get some inspiration for your next ride--and share your favorite route with us! For easy trip planning, we’ve included each ride below on an interactive map .   Jeffrey Tumlin, Director of Transportation: “I explore all of San Francisco by bike, but this is a standard trip: Starting from the Castro, I head up the Slow Street on Noe, where I like to admire the trees and people watch in Duboce Park. Then, I ride north on Scott to Fell Street along the Panhandle. When I reach the new JFK Promenade, it’s amazing how ...