wildfires
Here’s How the Palisades and Altadena Can Rebuild Better
In partnership with UCLA, the Blue Ribbon Commission on Climate Action and Fire-Safe Recovery has released its final recommendations.
The January 2025 Los Angeles fires were one of the most expensive climate disasters in our country’s history. They displaced tight-knit communities, took lives, shook our region to its core, and reminded us that as the climate continues to change, the risk of future disaster looms large. This recognition lead County Supervisor Lindsey Horvath to …
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CONTINUE READINGFix Our Forests, version 2
A revised bipartisan proposal in the Senate is a step forward in the right direction
I wrote previously about the Fix Our Forests bill which has been passed by the House and is currently being considered by the Senate. I noted some concerns I had about its overuse of emergency authorities, its expansion of categorical exclusions, and some changes to litigation, as well as some positive features of the bill. …
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CONTINUE READINGWildfire Liability in California: A Primer
California has a unique approach to lawsuits against utilities for causing fires.
Like other states, California allows wildfire lawsuits against utilities based on negligence. When a plaintiff can prove that the utility was negligent – in other words, failed to exercise reasonable care – plaintiffs can recover for environmental damage, reforestation costs, and loss of profits. But California also allows recovery even when a utility did nothing wrong, under a theory called inverse condemnation. The PG&E bankruptcy made it clear that no-fault utility liability could threaten the financial health of the power system. The legislature created a new fund to deal with the problem.
CONTINUE READINGSaving Disaster Law From the Imperial Presidency
Trump’s efforts to deconstruct disaster relief have serious legal flaws
In recent days, Trump has said that he won’t provide relief for the LA fires unless California changes its voting laws and its water regulations. And he also suggested that he’d like to abolish FEMA entirely. The first of those proposals seems clearly unconstitutional. The second one is both a terrible idea and beyond his legal authority.
CONTINUE READINGHuge Snub for Big Oil at the Supreme Court
Oil companies failed to persuade the justices to shield them from the growing number of state lawsuits seeking damages for the harms caused by climate change.
Big Oil has failed to persuade the U.S. Supreme Court to shield it from numerous state climate lawsuits filed across the country seeking damages for the harms caused by climate change — harms like the historic, supercharged urban fires burning in Los Angeles. The justices held a conference on Friday, January 10 to determine whether …
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CONTINUE READINGLA Fires and the Climate Connection
New UCLA research connects the dots between the climate crisis and the supercharged LA wildfires. “Hydroclimate whiplash” means worse floods, droughts, and fires.
Like millions of Angelenos, I’ve been staying indoors and off the roads, glued to the Watch Duty app, radio, and TV coverage as LA is engulfed by these historic fires. The last 48 hours of coverage has focused, understandably, on the firefight and immediate devastation. Now, it’s time to start hearing about the climate connection, …
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CONTINUE READINGTemporary 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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