I got an early education about how different legal systems can shape decision making and problem solving. I grew up in Hawai’i during a time when there was a growing awareness of Hawaiian arts, language, culture, and science. And along with that came an examination of the legal systems put in place during the monarchy that grew from the concept of shared responsibility for land resources. Because the monarchy was illegally overthrown by Americans, its laws and land system have never fully disappeared from the legal landscape, and some of those concepts still exist today.

The story of Facebook CEO Mark Zuckerberg’s efforts to create a remote and exclusive estate on Kauai ran afoul of legal and constitutional rights of native Hawaiians, his involvement being only a part of a really interesting saga Trisha Kehaulani Watson wrote for Honolulu Civil Beat in 2019.

Whether you are financing the development of an estate in Hawai’i, signing an equipment lease in South Korea, or foreclosing on contaminated land in New South Wales, Australia, it’s critical to understand how the laws in your jurisdiction affects your environmental risks. Not only do you need to understand the environmental laws of the place where you are doing business, but you need to then match your understanding of environmental risks to the options available to financiers to collect a loan balance, enforce on property, or exit a contract.

The way that different jurisdictions regulate environmental impacts can have a big impact on whether a condition triggers action to address a health or safety condition under a particular law or regulation. California’s very specific and detailed requirements for soil vapor intrusion means that many more properties in California are being cleaned up for chlorinated solvents in soil gas compared to Texas, where there are no specific requirements.

The differences between different states can extend to lender protections. For example, in California, lenders have broad rights to investigate and even clean up properties without taking on legal liabilities under state cleanup laws, even where the lender takes title to the property for the purpose of recovering loan exposures, as long as the property is then disposed of promptly, usually within a year. But in some states these protections may not extend to affiliated legal entities that are formed to hold the asset.

Lender protections that are written into the U.S. Superfund law and many U.S. state cleanup laws will not apply to other kinds of environmental requirements, for example underground storage tanks or asbestos in building materials. Once again, it’s critical to understand the jurisdiction you’re working in and to get the right kind of legal support to sort out how jurisdictional requirements match to the environmental risks identified for a particular financial transaction.

And then there’s the difference between civil law and common law countries and how that relates to tort liabilities….ah, but that’s a topic for another day.

I spent part of the weekend catching up on a backlog of reading, including this document from the Governor's Wildfire Commission.

My stepdad's home insurance was canceled shortly after the Camp Fire, and his insurer also canceled policies of other people in our town. That started a conversation among my friends and family about how we cope with insurance, since our entire county is essentially a high risk wildfire zone. Some folks have just reduced their coverage level in order to make insurance affordable. Others are digging deeper to pay higher premiums. And of course getting cancelled is a big hassle while you are lining up a new insurance plan. My insurance company has signed me up for a risk mitigation plan, which I am guessing is a prelude to setting standards that I'll have to meet or else get cancelled. And almost everyone I know lives in an older home that doesn't meet the Chapter 7A requirements for building exterior wildfire exposure.

So what to do the experts say?

Generally the approach is that we have deal with the underlying risk, that it's not healthy to subsidize insurance to mask that risk. So there are not going to be any easy answers for me and my family and neighbors as we try to balance our finances and our safety.

Yet the number of people who live in the wildland urban interface (WUI) is very large and growing. According to the Hoover Institution, "In 2010, California had more people and homes located in the WUI than any other state in the continental United States—close to 4.5 million homes and 11 million people. The “fastest-growing land use type” in the continental United States, the WUI swelled by almost a thousand square miles in California alone between 1990 and 2000. Nationwide, sixty percent of all new home construction between 1990 and 2016 took place in the WUI. Across the country, the federal government owns or leases over 6,200 buildings located in the WUI, which President Obama sought to protect in 2016 by issuing a WUI building standard for federal facilities."

Geek Alert: Transparent Wood!

Check out this article about some of the new wood science being done by engineers and scientists out there like Céline Montanari at the KTH Royal Institute of Technology in Stockholm.  The idea of using the plant cells in wood and then filling them with a fluid that helps with temperature control? Will we be using transparent wood to provide light and improve passive solar properties of our houses in mountain climates? I can imagine now how much that would be appreciate during the short dark days of winter.

Sometimes people tell me I'm just too optimistic, with my head in the clouds over all these innovations. But as with all progress, we have to dream big and try lots of different ideas, knowing that not all will become big commercial successes. I love to celebrate the people who are dreaming about how to use wood products in new ways that will be reflect a new, low-carbon world.

Right now the State of California is developing a new wood products academic center of excellence, and I'll write about that when I learn more details about where it will be based and who will be directing this exciting new program.

and flood protection and healthy waterways for California's communities, economy and environment.  That's the goal and the promise of our newest state initiative.

This week Governor Gavin Newsom directed California's water agencies to prepare a resilient water portfolio that will meet California's needs for the 21st century.  You can read the order by clicking here.  One thing I really appreciate about this new order is that Newsom acknowledges that water infrastructure can and should include natural elements of our landscape, including forests and floodplains. He also calls for some effective strategies in developing our water portfolio of the future, including working regionally at the watershed level and incorporating successful strategies from different parts of the world.

Looking back at the history of western civilization in California, it's easy to see that we have done none of those things in the past 150 years.  Our water strategy is directly descended from the Gold Rush mining practices that started with gold panning, progressed to sluicing and then quickly leveraged new technologies to develop hydraulic mining.  That particular technological innovation ended up devastating river after river by dumping epic amounts of sediment and gravel that forever changed the way that water flows down from the mountains in the east, through the Central Valley and out through the San Francisco Bay. Hydraulic mining poisoned our fisheries with mercury and arsenic and forever stopped the riverboats from being able to navigate the Sacramento River to Marysville.

The Gold Rush is also responsible for our love of hydropower and dams, as our very first electrical grid in California came from hydroelectric plants and dams on the Yuba River. The Stairway of Power on the North Fork of the Feather River created a series of dams that eventually culminated in the Oroville Dam and Hyatt Power Plant. All that low-carbon and climate-friendly energy has powered homes and industries for many years, but it's also raised very serious questions about how we'll be managing these dams and reservoirs into the next century as they continue to fill with sediment and age well past their design lifetimes.

Flood control from dams and levees have carved out great sections of land in the Central Valley that have become productive farmland and made our farming families wealthy, and water is moved great distances to the enormous cities of Southern California. But we should always ask ourselves who is benefitting from this enormous water infrastructure and who is paying the cost?  When the dam spillway fails, it's the rural residents living downstream who are at risk.

So when Newsom directs our state agencies to embrace new technologies and innovation, I add that we need to be very cautious in evaluating these new options.  All too often, we fall in love with technology and forget about how we're paying for it, whether it's our fisheries, our navigable rivers, or our clean, drinkable water. My first recommendation is to analyze what elements of a new technology are being externalized - who or what will have to live with the byproducts or labor or degraded environment?

I've been falling in love with simpler technologies that are associated with smaller infrastructure projects distributed more widely across the land, so that when a failure occurs it is not catastrophic. I'm falling in love with projects that incorporate ecological systems from the very beginning of the design process. I'm already committed to doing more than plan and build water infrastructure but commit to generations of monitoring and assessment of projects so that we can learn from them, study projects in a changing climate, and make adjustments and improvements as we go along.  Ask anyone who lives in Oroville: a dam is not a static, motionless monument but is a dynamic system in motion that requires huge commitments of time and money to maintaining and monitoring.

I often speak at public meetings about the state of affordable housing in our region. In both our rural and larger towns, we’re seeing many of the same challenges as large urban areas:

1. The cost of housing requires a large percentage of many people’s household incomes. Many people in our region can only get part-time, low paid, and/or seasonal work that leaves very little room for living expenses after housing costs.
2. There is not enough low cost housing units in our region, so even when we have public agencies helping people with housing, they often cannot find affordable apartments or houses in any nearby community.
3. Transportation is a huge challenge for rural areas and prevents people from being able live too far from work if they do not have their own car.

What is the federal role in affordable housing, and how can we make improvements?
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The federal government has a housing subsidy program, called Section 8, that provides housing vouchers that can be associated with a renter or with a particular housing unit. In our region of California, like many other places, the program is not working very well.  There are also federal financial incentive programs to encourage development of affordable housing, but in many rural areas, we are not seeing any new housing development, much less affordable housing development, so these programs do not have much impact on our communities. In the end, much of our less-expensive housing units are old, dilapidated, and may contain hazardous building materials or mold that is not healthy for tenants.

I think we can develop innovative programs that can help coordinate federal, state, and local programs and laws to improve affordable housing.

1. Support existing incentives and develop more financial incentives like tax credits and deductions for property management and rehabilitation of older affordable housing, including removing hazardous building materials. In the process, we also need to support and encourage more people to become responsible landlords.
2. Support, defend, and improve the Community Reinvestment Act that applies to banks and ensures financing for low income housing.
3. Provide communities, through social service and community development agencies, with technology tools to support a wide range of tenants and landlords in transparency, accountability, and problem-solving so that we have a better path from homelessness into temporary housing and long-term housing while helping both tenants and landlords comply with legal requirements and financial responsibility.
4. Focus on increasing the voucher values for Section 8 housing to expand the universe of housing units that can participate in the program and work much more proactively to increase the number of dedicated Section 8 units in every community across our region.
5. Expand our rural transportation capacity by coordinating county senior transportation and regional bus/van networks so that they can run more often and connect up to each other to more effectively support people going to work or appointments throughout the day.

This week I spent several days with representatives from the Maidu community, government agencies, non-profits, and academia in Genesee Valley, Plumas County. We camped in a beautiful stand of trees during the hottest day of the year and got drenched in a thunderstorm and talked and laughed and learned together.  It was an honor to be invited to participate in this gathering.

I learned so much that it’s hard to capture in a short article.

• Defining healthy forests can be thought of as starting with wildlife refugia - where intact old areas of growth still exist, and then expanding outwards to encourage recovery of forest ecosystems by managing succession of different tree species.  But the small plants are also so important! I learned about huckleberries and other edible plants that used to be abundant in this area of the Northern Sierra and consumed by the Maidu.
• The divisions and connections between urban and rural are not so simple, and we need to move beyond this kind of dividing line to focus on the role of the mountain watersheds in California’s future and success, regardless of where the water from our region eventually goes.
• Managing a forested landscape can combine multiple objectives, like fire resilience, wildlife support, lumber production, or restoration to a different mix of tree species.  Bob Beckwith is gradually returning his property in Genesee to an oak-silver pine woodland using a lot of labor to thin out the fast growing pines, carefully choosing weather conditions for prescribed burns, and providing refugia for wildlife by leaving dead standing oak trees in place.  He’d like to see the Forest Service use more prescribed burns on the ridge above his property to remove excess biomass.
• Communication is enormously important in both planning and monitoring the effects of projects that treat forest areas to make them more fire resilient.  Forest collaboration groups do the very hard work of figuring out what works at the ground level, from project to project, with the hope that we can identify broad sources of funding to expand these smaller projects across all of California’s upper watersheds.  Furthermore, the language we use to describe ecosystems and watersheds can shape our thinking about these places.
• I also got a chance to hear lots of details about the Sierra Institute’s work on developing a pilot scale project using biomass to generate electricity and heat.  I have a lot of thoughts about that to share in a future article.

We talked and talked and talked about future projects that balance fire resistance with timber production and ecosystem restoration. These kinds of meetings are critical to California’s future, and we need to talk a lot more about how to best model the way and scale up projects to cover our entire forest landscape. ​

For more information about Genesee Valley and forest planning, visit these websites:

http://www.geneseefireplan.org/news.html

http://www.plumasaudubon.org/genesee-valley.html

http://www.frlt.org/conserve-land/success-stories/heart-k-ranch