What can we learn from the LA wildfires about environmental law and responding to the climate crisis?

By William Terry

The Wildfires

Los Angeles has become increasingly accustomed to frequent and intense wildfires in recent decades,^1 but the recent January blazes were a marked disaster. By the time the fires were extinguished, over 37,000 acres were devastated, and 16,000 structures were destroyed.^2 The humanitarian consequences and impact on public health is harrowing.^3

Global warming has caused longer droughts which dry out vegetation and create ideal conditions for fires to spread; one study noted climate change made the January fires in LA 35% more likely.^4 Environmentally, wildfires cause widespread deforestation, loss of biodiversity and air pollution from smoke and particulate matter. Economically, fires cause billions of dollars in property and infrastructure damage, heightening insurance rates. Socially, tens of thousands of individuals, are displaced – in turn – disproportionately affecting those in low-income communities.^5

Role of Environmental Law in Wildfire Prevention and Response 

Environmental laws and regulations play a vital role in managing wildfire risks; however, current legal frameworks often fail to take an inhibitory stance. Legislation such as The Federal Land Assistance, Management, and Enhancement (FLAME) Act (2009) concerned investment in tackling the symptoms of the climate crisis, rather than the underlying cause. The Act established a dedicated fund for wildfire suppression, helping manage costs at the federal level,^6 but seemingly neglected to address climate change prevention which would in turn lower the risk of having to tackle the symptoms at first instance. 

California’s land use policies have been criticised for allowing development in areas of high fire risk without implementing adequate mitigation strategies.^7 Despite improving in recent years, requiring fire-resistant material, enforcement remains inconsistent.^8 One of the fundamental legal challenges is the alignment disparity between federal, state and local governments in their management of wildfire risks. Environmental law must be better integrated across jurisdictional rungs to create a cohesive strategy that prioritises prevention.

Lessons and Policy Recommendations for the Climate Crisis Response

The LA wildfires highlight critical lessons for a broader climate crisis mitigation strategy. First, they help underscore the necessity for a more proactive climate adaptation strategy. It is imperative that governments and lawmakers move beyond reactionary control measures and invest in more proactive solutions such as controlled burns; improved forest management; and stricter zoning laws to prevent development in high risk areas.^9 

Governmental accountability is essential. Political leaders must prioritise climate action by implementing policy, investing in green infrastructure initiatives and making corporations accountable for environmental damage. The LA wildfires demonstrate the dangers of political inaction and the long-term implications that neglecting climate resilience strategies can create.

International cooperation is also vital. Wildfires are not unique to LA or California more broadly; regions like Australia, the Amazon, Mediterranean and areas of Europe are equally vulnerable. Sharing research, technology and best practice across boarders can enhance climate resilience efforts on an international scale.

Finally, wildfire control must be integrated into overarching climate resilience efforts. Tackling the root causes of climate change, viz. greenhouse gas emissions, transitioning to renewable energy, promoting sustainable farming practices,^10 will help mitigate the factors that contribute to worsening wildfires. A holistic approach that combines environmental law, sustainable development and community engagement is the foundation for long-term climate preservation and protection.

(1) Climate "whiplash" linked to raging LA fires https://www.bbc.co.uk/news/articles/c0ewe4p9128o

(2)  LA fires aftermath: How people are rebuilding after losing almost everything https://abcnews.go.com/US/la-wildfires-aftermath-insurance-housing-rebuild-update/story?id=119209482#:~:text=After%20burning%20for%2024%20days,Los%20Angeles%20County%20medical%20examiner

(3)  Long-term, multi-institutional study on health impacts of Los Angeles wildfires launched https://hsph.harvard.edu/news/long-term-multi-institutional-study-on-health-impacts-of-los-angeles-wildfires-launched/

(4)  Climate change increased the likelihood of wildfire disaster in highly exposed Los Angeles area https://www.worldweatherattribution.org/climate-change-increased-the-likelihood-of-wildfire-disaster-in-highly-exposed-los-angeles-area/

(5) Wildfires disproportionately affect the poor https://news.uga.edu/wildfires-disproportionately-affect-poor/

(6) H.R.1404 - FLAME Act https://www.congress.gov/bill/111th-congress/house-bill/1404

(7)  California’s Policies Laid the Groundwork for Wildfire Danger https://www.city-journal.org/article/california-la-wildfires-risk-housing-policy

(8)  California Has America’s Strictest Wildfire Code, Here’s why it didn’t help Los Angeles https://heatmap.news/climate/california-wildfire-building-code#:~:text=California's%20wildfire%20building%20code%2C%20Chapter,to%20resist%20embers%20and%20flames

(9)  Reducing wildfire risk in Europe through sustainable forest management: a policy brief https://www.preventionweb.net/publication/reducing-wildfire-risk-europe-through-sustainable-forest-management-policy-brief