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: Anne Lamott’s Advice Could Stop You From Drowning in Cynicism

https://ift.tt/3m8JRbR Well hello! I’m so glad you’re here. A version of this article also appeared in the It’s Not Just You newsletter. Sign up to get a new edition every Saturday. This year has tested my lack of faith. I was raised as an erratic agnostic, unsure about being unsure. But lately, I’m not the only one scrabbling for meaning or optimism or even someone to blame for the various messes in which we find ourselves. And who better to address this moment than bestselling author Anne Lamott , who has both faith and a fierce sense of humor? [time-brightcove not-tgx=”true”] Lamott has written 19 books , many of them wry memoirs about spirituality , addiction, recovery, and hope , in addition to her beloved classics about motherhood and advice for writers . She has a vast following that crosses cultural boundaries, though she refers to herself as an “unabashed, extremely left-wing Christian, and the New York Times has described her as “ a feminist C.S. Lewis...

New top story from Time: Police and Protesters Against the Shooting of Jacob Blake Clash for a Third Night in Kenosha

https://ift.tt/34zqgdm KENOSHA, Wis. (AP) — Police fired tear gas and rubber bullets to disperse protesters during a third night of unrest in this southeastern Wisconsin city following the shooting of a Black man whose attorney said he was paralyzed after being shot multiple times by police. A group of protesters walked toward a fence that was put in place Tuesday around the courthouse and started shaking it. Police behind it moved toward protesters as some threw water bottles and fireworks over the fence. Armored vehicles then rolled in and tear gas was fired into the crowd. When police ordered protesters to disperse, the crowd responded by chanting “Black lives matter.” Police then fired rubber bullets. Jacob Blake, the man shot by police responding to a domestic disturbance on Sunday, is paralyzed, and it will “take a miracle” for him to walk again, his family’s attorney said Tuesday, while calling for the officer who opened fire to be arrested and others involved to...

India records over 67,000 COVID-19 cases, 1,059 deaths in a day; tally crosses 32-lakh mark https://ift.tt/32jJQaM

India on Wednesday recorded as many as 67,150 new coronavirus cases and 1,059 deaths in the last 24 hours, according to Union health ministry data. India's Covid-19 tally crossed 32 lakh-mark with Maharashtra recording the highest number of cases.

Modhera's iconic Sun Temple looks splendid on a rainy day! PM Modi shares video https://ift.tt/2Yxq62E

Prime Minister Narendra Modi on Wednesday shared mesmerizing visuals of the iconic Sun Temple in Gujarat's Modhera. Taking to Twitter, Modi posted the video of the "splendid" view. Dedicated to the solar deity Surya, located in Modhera village of Mehsana, the temple is situated on the bank of the river Pushpavati.

New top story from Time: Meet the 14-Year-Old Girl Whose Solar-Powered Invention Is a Finalist for Prince William’s Earthshot Prize

https://ift.tt/3lOdWx7 Tell Vinisha Umashankar that your teen years pale in comparison to hers, and she is quick to remind you that everyone has a different life journey. But the 14-year-old also knows that the future looks very different for her generation if the world doesn’t act to slow global warming and the effects of climate change. Still, she’s optimistic that “collective action” of people her age will turn the tide. That’s probably why Umashankar has already been doing more than her fair share. In Tiruvannamalai, a small temple town in the southern Indian state of Tamil Nadu, she designed an ingenious solar-powered alternative for the millions of charcoal-burning ironing carts that ply the streets of India’s cities—pressing clothes for workers and families. [time-brightcove not-tgx=”true”] Her invention is now getting global recognition. Umashankar is the youngest finalist for the first Earthshot Prize, a £1 million ($1.3 million) award launched by Prince William,...

Nitish asks to fast-track 137-km long Patna Ring Road, 6-lane Kachi Dargah-Bidupur bridge projects https://ift.tt/3aXqGvn

Patna: Bihar Chief Minister Nitish Kumar on Tuesday inspected the construction work of Patna Ring Road project and the Kachi Dargah-Bidupur six-lane bridge over the Ganga. Kumar asked officials to expedite the works, an official release said. The Ring Road would be a 137 km long road being built at a cost of Rs 15,000 crore, an official release said.

FOX NEWS: Lost cat lives on JFK airport runway for over two weeks before getting rescued No one likes getting stuck at the airport, not even cats.

Lost cat lives on JFK airport runway for over two weeks before getting rescued No one likes getting stuck at the airport, not even cats. via FOX NEWS https://ift.tt/3zEO1N8

FOX NEWS: Dad panics when he sees baby playing with tarantula: Watch the video David Lehman, 36, from Tucscon, Arizona, told Fox News that his reaction might be his “most embarrassing moment ever.”

Dad panics when he sees baby playing with tarantula: Watch the video David Lehman, 36, from Tucscon, Arizona, told Fox News that his reaction might be his “most embarrassing moment ever.” via FOX NEWS https://ift.tt/3nUMQXM

New top story from Time: Police: 1 Dead, 12 Injured in Mass Shooting at Tennessee Supermarket

https://ift.tt/3ky13rA (COLLIERVILLE, Tenn.) —A mass shooting at a Tennessee grocery store left one person dead and 12 others injured Thursday afternoon, and the shooter was subsequently found dead of an apparent self-inflicted gunshot wound at the store in an upscale suburb of Memphis, authorities said. Collierville Police Chief Dale Lane said the shooting broke out at a Kroger store in his suburban community about 30 miles (50 kilometers) east of Memphis. He said 13 people in all were shot and the 12 of them were taken to hospitals, some with very serious injuries. He said a police SWAT team and other officers went aisle to aisle in the store to find people who sought cover or were in hiding, removing them to safety. He said the shooter was found dead of an apparent self-inflicted gunshot wound. [time-brightcove not-tgx=”true”] “We found people hiding in freezers, in locked offices. They were doing what they had been trained to do: run, hide, fight,” the chief said with...

New top story from Time: Richard Powers on His Latest Book, Bewilderment—And Why Children Are the Ones to Call Out Climate Change Evasion

https://ift.tt/3zALCCY Richard Powers’ 2018 novel The Overstory , which won that year’s Pulitzer Prize for Fiction, followed decades of the MacArthur Fellow’s work investigating the intersections of culture, the environment, science and technology. His most recent book, Bewilderment , released Tuesday, again delves into the impact of science on human life. Bewilderment by Richard Powers In Bewilderment , something of a contemporary take on the Flowers for Algernon story, Powers writes of a neurodivergent, middle-school-aged child named Robin who undergoes an experiment involving decoded neurofeedback (a cutting-edge neuroscience technique in real life). The experiment improves Robin’s emotional quotient—at least at first. [time-brightcove not-tgx=”true”] Powers spoke to TIME ahead of the book’s release. This interview has been edited and condensed for clarity. TIME: Bewilderment clearly has a lot to say about current and ongoing events. Was it your intention to have ...