wildfires
Temporary Takings and the Adaptation Dilemma
Current law penalizes adaptation measures because of the risk of takings liability.
Is it unconstitutional for the government to build a levee that reduces the risk of urban flooding but diverts the water to nearby farmlands? The answer could be yes, unless the government pays for flood easements on the rural lands. But if the government doesn’t build the levee, it faces no liability from the urban …
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CONTINUE READINGDon’t Leave the Public Out of the Public Utilities Commission
California may have denied due process for those questioning PGE’s penalty for starting the Kincade Fire
The Sonoma County District Attorney has been pursuing criminal charges against the Pacific Gas & Electric Company (PG&E) for its role in sparking the 2019 Kincade fire, which reportedly destroyed 374 structures and led to over $600 million in damages. These criminal charges returned to the news today because the District Attorney has asked to …
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CONTINUE READINGWildfires, CEQA, Climate Change & the Courts
Recent Court Decisions Halt Building Projects, Invalidate CEQA Reviews for Failing to Assess Wildfire Hazards
Environmental and conservation groups have for a number of years attempted to convince California courts of the need to integrate climate change considerations into environmental analyses prepared under the state’s most important environmental law, the California Environmental Quality Act (CEQA). However, the California judiciary has demonstrated little appetite for doing so. Until now. Recently, courts …
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CONTINUE READINGFacing Up to Reality
More frequent heat waves. Droughts. Wildfires. The West is getting a glimpse of its future climate.
The western U.S. is staring climate change in the face. Most of the West is experiencing “severe” or “exceptional” drought. We could be heading into the worst drought period in centuries. Major dam reservoirs are down to record low levels. The region is also in the grips of a record-breaking heatwave. We can expect another …
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CONTINUE READING“Knocking on Our Door”: Wildfires Threaten Mt. Wilson Observatory and San Gabriel Foothill Communities
On Sept. 15, Angeles National Forest reported the Bobcat Fire was within 500 ft. of historic observatory in San Gabriel Mountains
The Bobcat fire blazing in the San Gabriel Mountains is threatening lives and homes, forcing evacuation of communities in foothills clogged with acres of brush dried out by the hottest August ever recorded in California. For flatland Angelenos like me, the fires are both omnipresent and distant, sensed only by the hazy skies and smell …
CONTINUE READINGWe’re Going to Need a Much Bigger FEMA
FEMA is built to handle one disaster at a time. That’s not going to work in the future.
“When troubles come, they comes not as single spies but as battalions.” That wisdom goes back to Shakespeare. Yet our disaster response system is keyed to handling single disasters, not clusters of major disasters. That needs to change. This week is a good illustration. We have fires in California that may set records. We have …
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CONTINUE READINGNew Report: A Cleaner, More Resilient Electrical Grid for California
California’s electrical grid is at the center of our fight against climate change, with aggressive goals to decarbonize through renewable energy. But the grid is at risk as climate impacts become more severe, particularly from worsening wildfires. To help modernize the grid to be cleaner and more resilient, the state will need deployment of clean …
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CONTINUE READINGA Continent on Fire Ignores Climate Change
Conditions in Australia keep getting worse. The government offers platitudes.
Australia is remarkably exposed to climate change and remarkably unwilling to do much about it. Conditions keep getting worse. Yet climate policy in Australia has been treading water or backpedalling for years, as I discussed in an earlier post. Let’s start with the temperature. The Guardian reports that in the year up to July 2019, …
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CONTINUE READINGFrom the Wildfire Files
Wildfires are getting worse and worse. Here’s what we know about the situation.
I don’t normally do this, but given the terrible wildfires now hitting the state, I thought it was worth doing a reprise of some posts on the subject from earlier this summer. Of course, there’s more information in the original posts, if you want to click over to them. Spreading Like Wildfire In 2017, wildfires …
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CONTINUE READINGWildfires: Managing the Risks
How can we limit the spread of wildfires and save people and property?
Wildfires are already a serious problem, and climate change will only make the problem worse, as I’ve discussed in my two prior posts. Reducing carbon emissions can help keep the problem from growing, but we need to deal with the risks we’re already facing. That is going to require a portfolio of risk management strategies. We …
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