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

FOX NEWS: Canine influenza outbreak: What dog owners need to know A canine influenza outbreak in Los Angeles is drawing up concern among pet owners on the West Coast.

Canine influenza outbreak: What dog owners need to know A canine influenza outbreak in Los Angeles is drawing up concern among pet owners on the West Coast. via FOX NEWS https://ift.tt/lTOH3qM

FOX NEWS: Couple gets married at 'most beautiful' Taco Bell: 'It was the best of both worlds' Analicia Garcia, 24, and Kyle Howser, 25, from Sacramento, California, got married on Tuesday, Oct. 26 and had their reception at the famous Pacifica, California, Taco Bell.

Couple gets married at 'most beautiful' Taco Bell: 'It was the best of both worlds' Analicia Garcia, 24, and Kyle Howser, 25, from Sacramento, California, got married on Tuesday, Oct. 26 and had their reception at the famous Pacifica, California, Taco Bell. via FOX NEWS https://ift.tt/Cp2cU0x

New top story from Time: Pioneering Gay Rights Activist and Photojournalist Kay Lahusen Dies at 91

https://ift.tt/34uhD2y Kay Lahusen, a pioneering gay rights activist who chronicled the movement’s earliest days through her photography and writing, has died. She was 91. Known as the first openly gay U.S. photojournalist, Lahusen died Wednesday at Chester County Hospital outside Philadelphia, following a brief illness. Together with her partner, the late activist Barbara Gittings , Lahusen advocated for gay civil rights years before the 1969 Stonewall uprising in New York helped launch the modern LGBTQ era. She captured widely published images of some of the nation’s first protests. Lahusen “was the first photojournalist in our community,” said Mark Segal, a friend of more than 50 years and founder and publisher of the Philadelphia Gay News. “Practically every photo we have of that time is from Kay.” [time-brightcove not-tgx=”true”] Lahusen photographed a series of gay rights demonstrations held in front of Philadelphia’s Independence Hall each July 4 from 1965 to 1969...

FOX NEWS: Top baby names list for 2021 reveals familiar trends For the second year in a row, these two names are the most popular for girls and boys – leading BabyCenter's Top 100 Baby Names list.

Top baby names list for 2021 reveals familiar trends For the second year in a row, these two names are the most popular for girls and boys – leading BabyCenter's Top 100 Baby Names list. via FOX NEWS https://ift.tt/y2GX1IF

Virtual Permit Transition Summary

Virtual Permit Transition Summary By Stephen Chun Effective April 1, 2022 the SFMTA will transition annual Residential Parking Permit (RPP) permits from physical stickers to virtual permits. This will streamline the RPP application and administration process. This change will not apply to other permit types—including 1 Day, Visitor, Press, City Vehicle, Teacher and Contractor permits.   Currently, about 70,000 San Francisco residents living in RPP areas purchase an annual parking permit in sticker form each year. Those renewing their permit at the same address can pay online and receive their permit in the mail.  People buying new permits can do so (a) in-person at the Customer Service Center, where the customer receives their physical sticker at time of purchase, (b) by-mail, or (c) online, and receive their permit in the mail.   Virtual permits have several benefits, such as:  Permit is active as soon as it is paid. No waiting for a permit to be ma...

FOX NEWS: Boy bullied for Tony Stark Halloween costume goes viral: ‘He’s just brave’ Jill Struckman told Fox News about how her 10-year-old son Evan returned to school after being bullied for his Tony Stark Halloween costume.

Boy bullied for Tony Stark Halloween costume goes viral: ‘He’s just brave’ Jill Struckman told Fox News about how her 10-year-old son Evan returned to school after being bullied for his Tony Stark Halloween costume. via FOX NEWS https://ift.tt/3vX5j80

Kejriwal issues directives to reduce price of RT-PCR test in Delhi https://ift.tt/3mphaWP

Delhi Chief Minister Arvind Kejriwal on Monday said he has issued directives to reduce the price of the RT-PCR test in the national capital, saying it will help those going to private labs for COVID-19 tests. Currently, people have to spend Rs 2,400 for the RT-PCR test at private labs. "I have directed that the rates of RT PCR tests be reduced in Delhi. Whereas tests are being conducted free of cost in govt establishments, however this will help those who get their tests done in pvt labs," Kejriwal tweeted.

Rahul Gandhi, on foreign trip, sends message on Congress' 136th foundation day https://ift.tt/34O5czr

Congress leader Rahul Gandhi, currently on a foreign visit, on Monday greeted the party workers on the occasion of the Congress' 136th foundation day. In his message, Rahul said that his party will support every voice raised in support of the nation.

New top story from Time: Germany Has Officially Recognized Colonial-Era Atrocities in Namibia. But For Some, Reconciliation Is a Long Way Off

https://ift.tt/3fVRkaO The German government formally recognized colonial-era atrocities against the Herero and Nama people in modern-day Namibia for the first time, referring to the early 20th century massacres as “genocide” on Friday and pledging to pay a “ gesture to recognize the immense suffering inflicted.” “In light of the historical and moral responsibility of Germany, we will ask Namibia and the descendants of the victims for forgiveness,” said German Foreign Minister Heiko Maas in a statement , adding that the German government will fund projects related to “reconstruction and the development” of Namibia amounting to €1.1 billion ($1.3 billion). The sum will be paid out over 30 years and must primarily benefit the descendants of the Herero and Nama, Agence France-Presse reported . [time-brightcove not-tgx=”true”] Although it’s a significant step for a once colonial power to agree such a deal with a former colony, there’s skepticism among some experts and ob...

FOX NEWS: Couple gets married at 'most beautiful' Taco Bell: 'It was the best of both worlds' Analicia Garcia, 24, and Kyle Howser, 25, from Sacramento, California, got married on Tuesday, Oct. 26 and had their reception at the famous Pacifica, California, Taco Bell.

Couple gets married at 'most beautiful' Taco Bell: 'It was the best of both worlds' Analicia Garcia, 24, and Kyle Howser, 25, from Sacramento, California, got married on Tuesday, Oct. 26 and had their reception at the famous Pacifica, California, Taco Bell. via FOX NEWS https://ift.tt/bGAoiKV