News & Analysis as of

Wildfires

Pillsbury - Gravel2Gavel Construction & Real...

With Wildfires at a Peak, “Firetech” Is Joining Smart City Lineups

The threat of extreme wildfires has doubled in the past 20 years, with almost 20,000 fires blazing across the United States in 2024 alone. These high-intensity fires can be deadly, expensive, and create lingering health and...more

Allen Matkins

Sustainable Development and Land Use Update - 8.29.24

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Governor Gavin Newsom on Tuesday signed two new bills that aim to boost housing supply and further address the state’s homelessness crisis....more

Bennett Jones LLP

O’Connor v Canadian Pacific: Lack of Factual Basis Derails Certification in British Columbia

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On June 30, 2021, the Village of Lytton in rural British Columbia was devastated by a wildfire that resulted in personal injury, the destruction of homes and livelihoods, and the tragic loss of life. Various court proceedings...more

J.S. Held

CAT Season: Hazards, Resources, and How to Prepare

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Catastrophic events (CAT) include hurricanes, floods, landslides, tsunamis, volcanic eruptions, earthquakes, tornados, and wildfires (See Figures 1-4 below). “CAT season” is the phrase experts commonly use to describe the...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Hurricanes and Earthquakes and Wildfires, Oh My! - Key Disaster Preparedness Considerations for Employers

A rash of recent natural disasters, from hurricanes to earthquakes to wildfires, serves as a timely reminder to employers of the potential for natural disasters to disrupt their operations and cause imminent hazards in the...more

Goldberg Segalla

California will Soon Vote on Proposed $10 Billion Climate Bond

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In one of its last official acts before starting its summer recess earlier this month, the California legislature passed a bill putting Prop 4 on the November ballot, which would allow the state to borrow $10 billion plus...more

Robins Kaplan LLP

California's Sustainable Insurance Strategy: Balancing Innovation with Industry Challenges

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In the fall of 2023, California's Department of Insurance unveiled the Sustainable Insurance Strategy, a comprehensive initiative aimed at reforming the state’s insurance market. The impetus for this strategy was driven by a...more

Mitchell, Williams, Selig, Gates & Woodyard,...

FY 2025-2026 Draft National Program Guidance/U.S. EPA Office of Enforcement and Compliance Assurance: National Association of...

The National Association of Clean Air Agencies (“NACAA”) sent a June 10th letter to the United States Environmental Protection Agency (“EPA”) providing comments on the federal agency’s FY 2025-2026 National Program Guidance...more

Dorsey & Whitney LLP

Energy Law: Month in Review - May 2024

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Welcome to Dorsey’s Energy Law: Month in Review. We provide this update to our clients to identify significant developments in the previous month. ...more

Dorsey & Whitney LLP

Energy Law: Month in Review - April 2024

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Welcome to Dorsey’s Energy Law: Month in Review. We provide this update to our clients to identify significant developments in the previous month. ...more

Goodwin

California Insurance Reform Creates Opportunity

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As wildfires continue to grow in frequency and scale across California, and as the state’s homeowner’s insurance crisis continues to worsen, the California Department of Insurance (DOI) has issued a proposed regulation that,...more

Lasher Holzapfel Sperry & Ebberson PLLC

Are You Protecting Your Workers From the Hazards of Wildfire Smoke?

With summer just around the corner, it is time for employers with outdoor employees to make sure they are complaint with Washington’s new wildfire smoke regulations. This winter, Washington Labor and Industries promulgated...more

ASKramer Law

Weather & Climate Risk Management Part I: Management of Weather & Climate Risks

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2023 was the hottest year on record. Not only the hottest since U.S. meteorological recordkeeping began in 1850, but according to Scientific American, 2023 was also “the hottest temperature that our planet has experienced in...more

Cozen O'Connor

Texas Panhandle Wildfires

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Six separate wildfires, including the massive Smokehouse Creek wildfire, are burning at this time in the Texas panhandle. Hutchinson, Hemphill, Roberts, Lipscomb, and Moore counties issued evacuation orders on February 27,...more

Carlton Fields

Divided Ninth Circuit Finds Toxic Dust From Wildfire Is Not “Pollutant” Under Policy’s Pollution Exclusion

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In Wesco Insurance Co. v. Brad Ingram Construction, the Ninth Circuit Court of Appeals reversed a summary judgment ruling in favor of Wesco Insurance Co. after a split panel concluded that toxic dust and debris from a...more

Littler

Washington State Wildfire Smoke Rules Impose New Employer Requirements

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As many Washington residents are aware, wildfires, and wildfire smoke, are becoming an increasingly regular occurrence. The increase in wildfires has often led to days—or even weeks—of smoky air throughout the state....more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Washington State Adopts New, Permanent Wildfire Smoke Regulations

On December 14, 2023, the Washington State Department of Labor and Industries (L&I) finalized and adopted new rules focused on protecting workers from wildfire smoke hazards that take effect on January 15, 2024....more

Goldberg Segalla

Another Electrical Utility Settles Wildfire Litigation

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As widely reported, including in previous issues of the Environmental Law Monitor, the environmental and financial impacts of wildfires in recent years have been significant. In the aftermath of these events, an...more

Downey Brand LLP

Supreme Court of California Rejects Class Action Suit Against PG&E for its 2019 Blackouts

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Introduction - In Gantner v. PG&E Corporation et al. (November 20, 2023) No. S273340, 2023 WL 8010215, the Supreme Court of California (“Court”) unanimously held that a plaintiff’s class action lawsuit against PG&E for...more

Troutman Pepper

Virginia AG Reminds Suppliers: Price Gouging Laws in Effect Due to Wildfires

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On November 7, Virginia Attorney General (AG) Jason Miyares reminded suppliers that the current state of emergency caused by wildfires triggered Virginia’s anti-price gouging statutes, which prohibit businesses from raising...more

Farella Braun + Martel LLP

Regulatory Changes Underway To Address Dwindling California Property Insurance Market

We keep hearing about how difficult it is for our clients to get property insurance these days, both for homes and businesses in Northern California’s wildfire-prone areas. Which, of course, is most of Northern California. ...more

Sheppard Mullin Richter & Hampton LLP

[Webinar] Emerging Claims Involving Insurance Class Actions - November 9th, 10:00 am - 10:45 am PT

This presentation will offer insight and strategies against emerging insurance class action claims in California involving a variety of topics, including total loss auto claims, wildfire smoke and Covid-19 claims, and...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

IRS Provides Guidance on PTO Donation Programs to Aid Victims of Hawaii Wildfires

On September 28, 2023, the Internal Revenue Service (IRS) issued updated guidance for employers that have adopted or are considering leave-based programs that allow employees to donate sick, vacation, or personal leave to...more

Morrison & Foerster LLP - Left Coast Appeals

This Week At The Ninth: Personal Jurisdiction and Forest Fires

This week, the Ninth Circuit considers personal jurisdiction in a trademark declaratory judgment action and assesses an agency’s decision to omit an environmental-impact statement in connection with a forest-fire-management...more

Snell & Wilmer

Colorado Legislation to Improve Wildfire Resiliency Through Building Codes and Grants Will Impact Construction Industry

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During the 2023 legislative session, Colorado passed eleven bills related to wildfire prevention and recovery. The Centennial State had its worst fire season in history in 2020 and is still recovering from the devastating...more

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