Lytton wildfire survivors want their lawsuit certified as a class action in British Columbia

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Two survivors of a wildfire that destroyed much of Lytton, B.C. in the summer of 2021 say their lawsuit should be certified as a class action. The chief justice of the B.C. Supreme Court will decide whether the case, initially filed in October of 2021 by two residents who lost their homes, has a broader scope.

CBC News reported that on the hottest day of 2021, a fire in the Fraser Canyon burned more than 800 square kilometers, killed two people, and destroyed much of the village. Investigators found no evidence that a passing train caused the fire, but the lawsuit claims the fire was started by either a Canadian National or Canadian Pacific train on its way through the village. According to the Calgary Sun, lawyers for Christopher O’Connor and Jordan Spinks, the two representative plaintiffs in the case, argued in court that the fire was ignited as a result of a coal train owned by Canadian Pacific Railway passing through the village on June 30, 2021. Spinks is a member of the Kanaka Bar Indian Band and has said that he witnessed smoke and flames on CN Rail’s right of way, at or near CN Rail’s bridge that crosses the Fraser River. He had just finished his shift as a care aide at an assisted-living facility and lost his job as a result of the fire. O’Connor, a resident of Lytton, lost his home in the fire and had his vehicle damaged.

The railway companies deny any responsibility for the fire and cite a report by the Transportation Safety Board of Canada that concludes there was no link between train operations and the fire. But Tony Vecchio, a lawyer for the plaintiffs, said the report was deficient in a number of respects and should not be relied upon.

“They didn’t have any basis to make this finding at all, on their own evidence,” Vecchio told B.C. Supreme Chief Justice Christopher Hinkson. He pointed out errors in the report, including the number of railway cars on the train, and said investigators failed to interview a number of witnesses.

The British Columbia Wildfire Service said that in 2021 between April 1 and September 30, 1,610 wildfires had burned 868,203 hectares (2.145 million acres) across British Columbia. Moody’s RMS reported those numbers were in stark contrast to 2019 and 2020 when the total area burned in the province was less than 25,000 hectares (61,776 acres) per season.

On Sunday, June 27, the temperature in Lytton reached 46.6°C (116°F). On Monday it reached 47.7°C (118°F). And then on Tuesday, June 29, Lytton recorded the highest-ever temperature in Canada: 49.4°C (121°F). Extended drought conditions held through April and into June, meaning many areas were already on extreme fire hazard ratings when on June 29, 2021, the small town of Lytton made it into the record books for the third time in three days.

The Guardian has a photo essay of the Lytton fire online.

Chile: Wildfires intensify, disaster impacts expand

Satellite analyses and Twitter reports indicate a rapid growth of disastrous wildfires in south-central Chile yesterday (February 3) and overnight.

In the past 24 hours, satellite-based estimates based on NASA FIRMS data  indicate that the largest fire spread 80 kilometers (50 miles) west and northwest, impacting an area of nearly 100,000 hectares (230,000 acres). The fires appear to have spread from Renaico northwest toward the Pacific Coast city of Lota, while burning past Santa Juana and likely crossing north over the Biobío River.

In this NASA FIRMS map, the oldest yellow heat signatures are 24 hours or earlier, the most recent are red.

24-hour fire spread of largest fire in the Santa Juana are of Chile on Feb. 4, 2023. NASA FIRMS.
24-hour fire growth along a 80 km/50 mile line of the largest fire in the Santa Juana are of Chile on Feb. 4, 2023. NASA FIRMS.

A larger map shows 24-hour fire detections for the affected regions of Biobío and La Araucanía. (And a reminder, as the FIRMS mapping tool, these heat signatures may overestimate fire size and activity, in part due to smoke columns and other factors.)

Overview of active fires in south-central Chile for the past 24 hours. Feb. 4, 2023. NASA FIRMS.
Overview of active fires in south-central Chile for the past 24 hours. Feb. 4, 2023. NASA FIRMS.

The fires detected by satellites are being confirmed via social media updates. As @HotshotWake reported via Twitter …

Also from February 3, @zoom_earth shared a satellite stream of fires and smoke…

The Associated Press reported that the death toll as of February 4 has risen to 22 with more than 500 injured. The state of catastrophe has expanded to include the La Araucanía region, which is south of Ñuble and Biobío regions that were already in a catastrophe declaration.

13 die in ‘swarm’ of Chilean wildfires

A Bolivian pilot and a Chilean mechanic died when their helicopter crashed while firefighting in the commune of Galvarino, in the region of La Araucanía, 700 kilometers south of Santiago, Chile.

In statements reported on February 4 in MercoPress, Mauricio Tapiaby, deputy director of the Chiliean National Service for Disaster Prevention and Response noted that the pilot had “many years of experience in aeronautics and firefighting” and that 11 others, including a firefighter, had died on February 3 in a “swarm” of at least 50 uncontrolled fires. Tapia reported that 22 had suffered burns and 95 houses destroyed.

A Constitutional State of Emergency has been declared for the central-south regions of Biobío and Ñuble.

Chilean President Gabriel Boric activated Armed Forces and Carabineros for prevention patrols. “It is much easier to prevent a fire than to fight it,” he said, while adding that fire control activities were progressing with an estimated 75 aircraft and 2300 firefighters.

Temperatures of 40 degrees C (100 F) are being recorded, with moderating temperatures by next week but gusty afternoon winds continuing, and the recent Fire Weather Index in the 75th percentile.

Resource Watch: Large Fires and Fire Weather Index for central-south Chile, 2023-01-28 through 02-03.
Resource Watch: Large Fires and Fire Weather Index for central-south Chile, 2023-01-28 through 02-03.

 

Resource Watch: Fire Weather Index and Recent Fires

Additional reports shared via Twitter by @hotshotwakeup (https://thehotshotwakeup.substack.com) includes shared footage of communities being overrun by fire.

An official helps guide evacuees as a wildfire burns through houses in Chile.
An official helps guide evacuees as a wildfire burns through houses in Chile. Screenshot from video shared by @hotshotwakeup on Twitter.

In one video, a public official walks toward the fire and chaos to help guide the evacuees to a safety zone.

Updates can be monitored at ReliefWeb at https://reliefweb.int/disaster/fr-2022-000384-chl.

Fire politics (Groundhog Day edition)

Still from Groundhog Day (1993), with Bill Murray (weatherman Phil) and Phil (the Groundhog).
Still from Groundhog Day (1993), with Bill Murray (weatherman Phil) and Phil the groundhog.

The IMDB description of the 1993 film Groundhog Day offers this hope for escaping the whirlpool: “A narcissistic, self-centered weatherman finds himself in a time loop on Groundhog Day, and the day keeps repeating until he gets it right.”

Thirty years of film history later, in our wildfire world we may seem stuck like weatherman Phil, repeating the day (and our fire processes) until we get it right. Yet a range of recent releases may hint of some key transitions.

If you have a bit of time (as did weatherman Phil), you might explore the documents put in play. The most concise might be the Wildfire Emergency Act of 2023 – you can track it at https://www.govtrack.us/congress/bills/118/s188 – but for now the full text is at sponsor Sen. Dianne Feinstein’s site.

The legislation introduced on the last day of January 2023 builds from the same-named act of 2021 (should they have just waited for Groundhog Day?), which didn’t progress in 2021, but the emergency frame and elements have reappeared in this new bill. The legislation has bipartisan support, with Republican Montana Sen. Steve Daines joining three Democrats – sponsor Feinstein and cosponsoring senators Alex Padilla of California and Ron Wyden of Oregon.

While the bill is framed as a response to the wildfire and climate emergency, many of the proposals reflect the rise of  “cohesive strategy” as a core vision for fire initiatives. As Wyden said, “To address the threat of catastrophic wildfires in the West an all-of-the-above approach is needed. This means making essential upgrades to keep the lights on when disaster strikes and giving communities the firefighting workforce and latest technology required to get fires under control. Our bill also prioritizes mitigation work now to prevent wildfires from turning into the megafires that destroy lives and property. The climate crisis is here, and the West needs more support.”

Feinstein affirms the all-hands-on-deck approach. “Every level of government and the private sector must be involved in this fight, and this bill will go a long way toward helping us prepare for a hotter, drier future.”

What a region-specific and bottom-to-top bill might actually produce, if a lot of committee meetings, votes, and budget-wrangling welds it into law, may include both specified and unspecified funds to accomplish key fireshed transitions. The news release offers a synthesis – with proposed commitments to landscape-scale forest restoration, community-level resilience, and added emphasis and new initiatives on applied sensing technology and workforce development.

A change of note: the Joint Fire Science Program (JFSP) is to be consulted on one or more Prescribed Fire Training Centers in any state entirely located west of the 100th meridian. This will offer a key expansion and a fire-regime diversification of the essential work by the single national center in Florida, but equally noteworthy is that JFSP still exists and may play a key role in this initiative – since not so long ago folks had to argue to keep JFSP funded.

What may be missing are elements of national workforce change and a lack of “moonshot” glitter in both the funding and unspecified tech initiatives. But what’s here promises to expand recent initiatives to more stakeholders. If adopted, we might see at least one prescribed fire training center identified within a year and funding for wildfire and forest-restoration training centers West-wide (with grants to states, academic institutions, and professional organizations that may speed the rollout). Additionally, up to 20 landscapes of 100,000 acres will use $250 million “to increase the pace and scale of forest restoration and wildfire resilience projects.”  That’s $125 an acre for some 2 million acres, which promises a lot of work, commensurate with “the true cost of fire” (reported by Bill Gabbert in 2020), which quotes Prof. Ernesto Alvarado: “I think we should concentrate more on the human losses.” These funds will align with $50 million for community grants and a $13,000 per low-income household for wildfire-hardening retrofits.

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The challenges to the wildfire workforce are increasing due in no small part to fire regime shifts that prompted the Wildfire Emergency Act, yet the pace of federal administrative change may not be ramping as fast as the fires. Which is where our political change is at now – fed by the concerns from public and legislators and the push by firefighter advocates like the Grassroots Wildland Firefighters (GRWFF) and the National Federation of Federal Employees (NFFF).

This is the background to two recent letters seeking to amp up and wisen up the changes. One, sent January 18 from a bipartisan group of seven western senators to the Office of Management and Budget (OMB), seeks clarification and correction to federal housing guidelines that undercut firefighter recruitment and retention. Such as: if your roommate leaves (not something you can usually manage), you pay their part of the rent. support to correct housing inequities. As well as changes to bunkhouse and remote-housing formulas for determining rent. In their request for a briefing on OMB Circular A-45R, the senators observe that “Federal wildland firefighters have a difficult and dangerous job, and it is the federal government’s responsibility to support them in this work.”

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The second letter, from GRWFF and NFFF to the U.S. Government Accountability Office (GAO), takes a broader focus and goes farther — but essentially, even existentially – into the deep regarding the November 2022 GAO report, “Wildland Fire: Barriers to Recruitment and Retention of Federal Wildland Firefighters,” that identified some but not all of the barriers and reforms identified by groups like the GRWFF and NFFF.

There’s much in the letter that will shape the dialogues this coming year (which we’ll be following), but as good a place to start now is the direct request to the GAO toward the letter’s close:
“Grassroots Wildland Firefighters and NFFE deeply appreciate the GAO’s initial report. Considering its blind spots, however, we respectfully request a second investigation into these barriers, and a second report, one that incorporates the input of a significant number of current and former wildland firefighters – and prioritizes the wisdom of those who occupy marginalized identities.”

Among many questions and suggestions regarding pay, housing, equity, work-life balance, retirement (covering most of Maslow’s Hierarchy of Needs, many of which aren’t supported currently), the letter highlights that “the elephant in the room is safety and health – what our firefighters risk every day. Although federal wildland firefighters are at higher risks of cancers, cardiovascular diseases, PTSD and traumatic injuries, these go undiscussed in the GAO’s report. The federal government does not recognize a correlation between environmental exposures such as wildfire smoke and the incidence of cancers or cardiovascular diseases. More than two dozen firefighters died in the line of duty in 2022 fighting wildfires. These risks are unaccounted for when determining pay for firefighters. Prospective recruits and veteran firefighters balk at the low pay for a job that may injure or kill them and will take years off their lives. Although federal wildland firefighters can spend over 1,000 hours every fire season exposed to these hazards, no formal education program exists on either the dangerous consequences or mitigation strategies for employees.”

For additional details, see the January 25 letter and the set of reforms proposed by Grassroots Wildland Firefighters and NFFF in 2022.

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For the record, Punxsutawney Phil reportedly saw his shadow today and his managers are predicting six more weeks of winter. To my knowledge, few fire managers base their spring prescribed fire plans on whether Phil sees his shadow. Yet we in the fire profession can claim a key functional connection: this rodent-centric celebration has roots in such say-goodbye-to-winter traditions as Candlemas (and its hedgehog) and the Irish/Celtic celebration of St. (née goddess) Brigid, all of which are celebrated with bonfires and candles. So light a fire to the passing of winter, but do note that yesterday’s Fire Outlook predicts a mellower beginning to fire season, which may at least mean we’re not as likely to see the shadows of recent active early fire seasons.

After the atmospheric rivers, a changing outlook

To interpret a wildland fire outlook can be a bit like posting a scenic photo to Instagram. You share the images and phases that capture the moment, with hopes that these will intrigue us into deeper connections to the months ahead.

AND THE RAIN AND SNOW FELL … From the latest National Significant Wildland Fire Outlook (for February through May 2013, with hints to the future), one image may lay claim to this month’s Instagram shot. The Total Precipitation Anomaly for January 2023 features a piercing finger of deep-green and blue anomalies from the central California coast eastward to upper Wisconsin – this being the precip falling from “multiple moderate to strong atmospheric rivers,” leading to moisture from 150 to more than 400 percent of normal.

January 2023 Precipitation Anomaly.
January 2023 Precipitation Anomaly. https://www.predictiveservices.nifc.gov/outlooks/precip30day.png.

What this means for fire potential long-term is to be determined. Though this was a wide and significant flow, it was not a universal flood. Wide areas are likely to remain in drought yet many regions, including northern California to Oregon and east into Idaho and Montana, are likely to improve, as depicted by the tan (improvement) and green (out of drought) shading in the U.S. Seasonal Drought Outlook through April.

U.S. Seasonal Drought Outlook through April.
U.S. Seasonal Drought Outlook through April. https://www.cpc.ncep.noaa.gov/products/expert_assessment/season_drought.png.

WHAT TO EXPECT: The result of this precip is a fire potential outlook that is nearly Normal by May of 2023, with a slot of Above Normal red from west Texas to central New Mexico and a blob in the Georgia-Florida pinelands.

Significant Wildland Fire Potential Outlook for May 2023.
Significant Wildland Fire Potential Outlook for May 2023. https://www.predictiveservices.nifc.gov/outlooks/month4_outlook.png

WHAT NORMAL LOOKS LIKE … in a typical season, for March into May, fires (including prescribed fires) may be relatively active on the land, particularly in the Southeast and southern Great Plans into the Trans-Pecos and Rio Grande, as illustrated in this map of normal fire activity for April.

Normal-Fire-Season-Progression-April

Our tracking with “normal” will be influenced by global transitions as we’re likely leaving a record-long period of La Niña conditions. As the Outlook observes: “The Climate Prediction Center (CPC) is forecasting an 82% chance of neutral El Niño-Southern Oscillation (ENSO) conditions returning in spring. Other teleconnection patterns, such as the Madden-Julian Oscillation, Pacific Decadal Oscillation, Pacific-North American Pattern, and Arctic Oscillation are likely to influence weather and climate during the outlook period.” But we’re not through with the cool-ocean pattern yet: “La Niña is forecast to remain the dominant influence through February.”

So expect some variability to be foretold, as fuels grow into green-up and cure into summer.

For more, see the NIFC Predictive Services’ National Significant Wildland Fire Potential Outlook for February through May 2023.

Manslaughter charge continues against couple in El Dorado Fire

The case against a couple accused of starting the 2020 El Dorado Fire with a gender-reveal device will move forward after one of four felony counts was dropped by a Superior Court judge in San Bernardino, California.

As reported by Brian Rokos of the Southern California News Group, one of four property-damage felony charges against Refugio Manuel Jimenez Jr. and wife Angelina Renee Jimenez was dismissed; a felony involuntary manslaughter charge remains along with three felony counts of recklessly causing a fire with great bodily injury and and three felony counts of recklessly causing a fire to an inhabited structure.

El Dorado Fire
El Dorado Fire, photo by Jeff Zimmerman Sept. 5, 2020.

Attorneys for the Jimenezes argued that the fire was accidentally ignited by the smoky gender-reveal device and sought dismissal of the manslaughter charge. Rokos reported that the deputy county attorney argued that “the Jimenezes should have known better than to set off the smoky device on a 103-degree day with low humidity in a park containing extremely dry brush.”

If convicted of involuntary manslaughter, the Jimenezes could be sentenced to four years in prison. They are currently on leave from their jobs as California correctional officers.

Prior coverage in Wildfire Today of the “Narrative” and related reports on the fatality of a squad leader on the Big Bear Interagency Hotshot Crew highlighted the increasing risks and complicated processes in a comprehensive analyses. Charles ‘Charlie’ Morton died as he was scouting the fire alone on September 17, 2020 when it overran his location.

Excerpts from the reports included:

“In his September 24, 2020 testimony before Congress, John Phipps, the Forest Service’s Deputy Chief of State and Private Forestry, stated “the system is not designed for this,” to illustrate the misalignment between the design of the wildland fire system and the reality that wildland fire responders routinely experience.”

“We continue to ask our wildland fire responders to save communities that are becoming increasingly unsavable. At what point do we declare communities without any semblance of defensible space not worth the risk of trying to save under extreme fire behavior conditions?”

As Bill Gabbert wrote about the reports on their release, they were notable for their in-depth compilation of lessons as well as the suggestion “that perhaps firefighters (or forestry technicians) should be called ‘fire responders’ so they don’t ‘view fire as an enemy.’ Other than that many of their conclusions are very reasonable, even though most of them have been previously identified in various forms. But having so many of them listed in one fatality report is unique, and could be useful. Unless it just disappears into files like so many others.”

One lesson is being applied – to streamline Type 1 and Type 2 team classifications. Other lessons – such as identifying the risk of scouting and implementing tracking devices and drones – are not moving ahead as quickly.