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by Dean Corrado, Fordham Environmental Law Review, Class of 22′<\/p>\n
Over the last several years<\/a>, California has suffered some of its worst wildfires in history. These fires are costly in terms of human life and financial cost<\/a>. For example, the October 2017 wildfires destroyed more than $13 billion in property damage<\/a> and killed 44 civilians<\/a>. Scientists and politicians have different ideas<\/a> on how to stop or slow down the wildfires. Each proposal<\/a> accepts the fact that the current state is unsustainable.<\/p>\n Perhaps we must \u201cfight fire with fire.\u201d Historically, Native Americans have used controlled burning in California and throughout the country. Today, it is used sparingly<\/a>. The current regulatory structure in California<\/a> discourages controlled burning because it imposes a massive liability exposure. Currently, there is no cap<\/a> on the amount of liability one can incur if their controlled burning becomes uncontrolled.<\/p>\n Controlled Burning in Law<\/strong><\/p>\n California law refers to controlled burning as \u201cprescribed burning<\/a>.\u201d Over the years, the California legislature has created a vast regulatory<\/a> framework that regulates the use of prescribed burning. As a part of this framework, those who want to initiate prescribed burning on their land must do it under the supervision of a \u201ccertified prescribed burn manager<\/a>.\u201d The state certifies<\/a> this person. Furthermore, under California law, there is no cap on liability individuals or insurance companies must payout if the fire spreads to unintended places<\/a>.<\/p>\n Proposed Solution<\/strong><\/p>\n To encourage more prescribed burning, California could alter regulations or liability costs. If done correctly, lowering liability and deregulating would incentivize an individual to engage in prescribed burning. California should adopt a cap on liability for those engaged in controlled burning. However, to guard against negligent burning, California should heighten the standards of what it takes to be a \u201ccertified prescribed burn manager.\u201d This balance of interests would encourage more burning, but also making that burning safer.<\/p>\n