“”Regulatory processes that increase the time between identifying and implementing treatments exacerbate wildfire risk and limit the flexibility of managers to use new information to quickly address emerging risk,” Eric Edwards and Sara Sutherland wrote in a report published last month by the Montana-based Property and Environment Research Center (PERC). “In 2021, for example, several proposed treatment areas burned in large wildfires while facing delays from environmental review and litigation.”
Under the requirements of the National Environmental Policy Act (NEPA), the public and activist groups are able to formally object to proposed actions, such as forest thinning, through a process that moves at the usual molasses-like speed of bureaucracy. Once the NEPA process has been exhausted, interested parties can move their objections to court by filing lawsuits.
“Although most projects are not litigated, the depth of analysis and time spent on the NEPA process is commonly based on the threat of litigation, as well as the level of public and political interest and defensibility in court,” Edwards and Sutherland note.
That there’s any delay at all in mitigating wildfire danger is frustrating to those of us whose homes and communities have been threatened by fire. But the extent of such delays is mind-boggling.
“Once the Forest Service initiates the environmental review process, it takes an average of 3.6 years to begin a mechanical treatment and 4.7 years to begin a prescribed burn,” according to the PERC authors. “For projects that require environmental impact statements—the most rigorous form of review—the time from initiation to implementation averages 5.3 years for mechanical treatments and 7.2 years for prescribed burns.”
Lawsuits drag things out further, extending the timeline on prescribed burns to as long as 9.4 years.”
“There are several key ingredients needed for wildfires. They need favorable weather, namely dry and windy conditions. They need fuel. And they need an ignition source.
The California Department of Forestry and Fire Protection said that they are still investigating the origins of most of the blazes underway. But other factors this year stacked the deck in favor of massive conflagrations.
California and much of the western US are in the midst of a years-long drought. With limited moisture, plants dry out and turn into kindling. Ordinarily, vegetation at higher altitudes would still hang onto some moisture and act as a barrier to wildfires in places like the Sierra Nevada. However, the severity of the drought has caused even this greenery to turn yellow and gray.”
…
“human activity has made wildfires worse at every step. Climate change caused by burning fossil fuels is increasing the aridity of western forests and increasing the frequency and severity of extreme heat events.
People are also building closer to wildland areas. That means that when fires do occur, they cause more damage to homes and businesses. That proximity also means that humans are more likely to spark new infernos. The vast majority of wildfires are ignited by people, up to 84 percent, whether through errant sparks, downed power lines, or arson.
And for hundreds of years, people have suppressed naturally occurring fires. European settlers also halted cultural burning practices from the Indigenous people of the region. Stopping these smaller fires has allowed forests, grasslands, and chaparral to grow much denser than they would otherwise. Paradoxically, that means more fuel is available to burn when fires do occur, causing blazes to spread farther and faster.”
“While wildfires are a common occurrence in the Golden State, 2020 is wrapping up to be the harshest in modern history, a result of a mix of climate change, poor forest management, and citizens’ insistence on moving into wooded areas prone to fires.
Unfortunately, California seems hellbent on prohibiting market solutions from fixing that third problem. The state’s insurance commissioner has announced that the state is mandating that companies that provide fire insurance cannot drop coverage of properties within the areas affected by wildfires. This is the second year in a row he has done so.
This counterintuitive announcement by Commissioner Ricardo Lara is the result of a state law passed in 2018 that forbids insurance companies from canceling or refusing to renew policies of a residential property for a year after a declaration of emergency on the basis of the property being in an area in which a wildfire has occurred. Lara was actually the primary sponsor of the bill when he was a state senator, so while his hands are technically tied here, he’s directly responsible for this legal state of affairs.”
…
“The marketplace has efficient tools for discouraging building homes in dangerous environments. When insurance companies refuse to insure people who live in places prone to fire, flooding, or other natural disasters, the market is sending consumers a very important message: “It’s not safe to live here. If you make the decision to ignore this warning, we’re not going to be fiscally responsible for your choices.”
Lara’s law subverts these market signals and turns insurance into, essentially, a form of state-enforced financial subsidy. The consequences for bad outcomes are both likely and well-known. Requiring insurance companies to continue covering these properties will encourage people to continue to live and build in places where it’s dangerous. Again, 31 people died as a result of these fires, and Lara’s primary interest is making sure that homeowners apparently don’t learn anything.”
…
“People who decide to move to or live in areas that are at risk of wildfire should be free to do so, but it’s not the role of the government to shield them from an appropriate market assessment of the risks of doing so. California’s actions are actually fostering dangerous housing choices—ones which may lead to more deaths down the line—by getting in the way of very important market signals.”
“Take controlled burns: fires that are lit on purpose, intentionally burning tinder to keep potentially larger, unintentional wildfires from finding fuel. Especially since the 1960s, efforts to extinguish all fires—even natural, low-impact forest fires that serve as nature’s equivalent of a controlled burn—have made forests more susceptible to larger fires and have made controlled burns more and more necessary.
But the regulatory requirements one must meet before starting a controlled burn are complex and lengthy. According to Jonathan Wood, an attorney with the Pacific Legal Foundation and an adjunct fellow with the Property and Environment Research Center, the National Environmental Policy Act requires “a couple-thousand-page document analyzing every single conceivable impact to the environment that the plan might have.” This is a public process, Wood adds, that “often results in litigation.” There’s even more paperwork when the controlled burn might overlap with areas designated as critical habitat for an endangered species.
“What you’ll often find,” Wood says, “is that there are projects which have been extremely well-vetted, which have been years in the work, there will be a 5,000-page document, which no one could conceivably ever read because it’s so long and complicated, but then the project will still get put on hold for an indefinite period of time, because some special interest group filed a lawsuit.” So much time is spent considering the ramifications of an action; little is spent considering the impact of doing nothing.”
…
“The Clean Air Act of 1990 creates another obstacle. The law treat the smoke from a controlled, prescribed burn as a pollutant that must be analyzed and permitted before the burn can be done. The smoke from a wildfire is not similarly scrutinized. But needless to say, the environmental impact of a multi-state wildfire is much larger than that of a smaller controlled burn.
There is no magic bullet when it comes to the issue of preventing wildfires. But if we want to stop disasters of the scale, state and federal governments need to rethink forest management. They could start by easing the regulatory burden upon proven techniques.”
“This August was California’s warmest on record (as it was for five other states as well), setting the stage for the extraordinary streak of extra-large fires burning now. Five of the current fires are in the 20 largest wildfires in the state’s history: the August Complex (the largest blaze in state history as of Thursday), the SCU Lightning Complex, the LNU Lightning Complex, the North Complex, and the Bear Complex. As their names hint, these are megafires that gained size and strength when smaller fires combined into unified blazes.
The heat wave that preceded this terrifying swarm was not a blip. The weeks of arid, hot air that crisped out the forests and shrubs now aflame are part of a familiar pattern of extreme weather events: the climate crisis accelerating right in our faces.
As the climate heats up, many other states in the West, including Oregon and Colorado, are seeing larger, more devastating fires and more dangerous air quality from wildfire smoke. But California is at particular risk, both because its increasingly volatile weather may bring more droughts than other states and because it has more people and more buildings.”
…
“California’s forests and shrublands have been subjected to wildfire pretty much forever; fire is a natural part of many of the state’s ecosystems and the Indigenous peoples of California set controlled burns to manage the landscape. What’s different now is that the season is getting longer, it’s gotten harder to manage the forest, and the fires are on average getting bigger and more destructive.
“Climate change is amplifying fire behavior and fire size,” Alan Ager, a researcher at the US Forest Service who studies how to manage wildfire risk on federally managed forests and other lands, told Vox in 2019. “Fire can travel larger distances” than in the past because there’s more fuel.
The basic recipe for a monster 21st century wildfire is this: Take hot air and no rain and moisture evaporating from trees, shrubs, and soil. After a series of these long, expansive, hot, dry spells, trees and shrubs will be transformed into ideal tinder to feed a fire. The bigger the area affected, the more available fuel. All you need then is a spark, which could come from a power line failure, a cigarette, or a firecracker.”
…
“The second factor making the state more fire-prone is poor forest management.
…
“And in the early 2000s, park rangers practiced a certain form of forestry management — prescribed burns, clearing brush, remediating clear cuts. But it fell out of favor as an increasingly large, paramilitary fire brigade took over. “As rangers joined up with the ranks of better-paid firefighters,” Arax writes, “their numbers dwindled to maybe 250, even as the number of firefighters inside the [Department of Forestry and Fire Protection] jumped to 7,000.”
Firefighters put out fires; they don’t do prescribed burns. But consistent fire suppression only increases the amount of dry, flammable material.”
…
“California also has a housing crisis, born largely of the fact that wealthier urban residents refuse to allow more housing to be built in urban areas, near jobs. Consequently, as more residents stream into the state, the price of existing urban housing stock rises and development sprawls outward. More and more of that development is being pushed into the “wildland-urban interface” (WUI), where wildfires are more frequent and more difficult to fight.”
…
“Add all this together — increasing heat from global warming, several years of unusually high winds and low humidity, poor logging practices with fewer preventive burns, more people living on forested ridges and hills in remote, fire-prone areas — and the result is disaster.”
“With so many fires burning across a wide region, it’s important to remember that there is a lot of variability in the specific factors at play for a given fire, from the ignition source to what kind of landscape is burning to the local conditions spreading the flames. However, there are some common factors that tie many of these blazes together and make them exceptional.”
…
“Record heat this summer baked much of the western United States, with states like California experiencing their hottest August on record. Many cities and counties across the West experienced record or near-record heat throughout the summer and into September. The summer was capped with a punishing heat wave that settled across the region in August and September and drove temperatures well into triple digits.
It has also been extremely dry in California, Oregon, and Washington this summer, with large sections of each state under “severe drought” conditions and some areas reaching “extreme drought.”
That heat and dryness turned grasses, shrubs, and trees into easy tinder, ready to ignite at the slightest spark.”
…
“The vast majority of wildfires in the United States are ignited by human sources — power lines, cigarette butts, machinery, or, in the case of one infamous recent fire, a gender reveal stunt. But a strange dry lightning storm near the San Francisco Bay Area in August led to more than 11,000 lightning strikes and triggered more than 300 fires in its wake. The causes of many other fires across the region are still being investigated.
The record-breaking weather comports with what scientists expect as the climate changes, and in many of the burning areas, the climate has already shifted in ways to worsen fire risk.”