Oregon cancels its long-held policy with Lloyd’s of London

The Oregon Department of Forestry has cancelled an insurance policy that has over the years reduced the cost of fighting wildfires; it had acquired sky-high deductibles over the last few years.

ODF said it will not renew its policy with Lloyd’s of London, a UK-based insurance market, in the 2023-2024 policy year. Longer, more complex, and costlier fire seasons over the last decade have led to higher premiums and deductibles, which in turn made the policy less attractive to Oregon officials. The policy was first acquired in 1973, according to KEZI-TV, to reduce the impacts of wildland fire suppression costs for Oregonians.

The decision was made after an April 3 meeting of the Emergency Fire Cost Committee (EFCC), which oversees the Oregon Forest Land Protection Fund (FLPF). After an extensive review, the EFCC recommended to the State Forester Cal Mukumoto that he cancel the insurance policy, and he decided not to renew it, explaining that the funds that would have paid for the policy can be better used directly paying for wildfire suppression efforts.

According to the EFCC, the 2023-2024 insurance policy would have had a deductible of over $78.5 million – 57 percent higher than in the 2021-2022 policy. Oregon’s historic fire season costs did not meet that threshold, so the policy was very unlikely to actually trigger this year and provide any financial benefit to the state. The 2023-2024 premium was quoted at $4.1 million for $25 million in coverage.

Western Oregon non-profit awarded more than $9 million wildfire risk prevention grant

A Douglas County non-profit will receive $9 million in prevention grant funding, the second highest award in the state of Oregon. The U.S. Forest Service awarded $9,151,505 through its Community Wildfire Defense Grant program (CWDG) to the Douglas Electric Cooperative, according to a KEZI News report. The non-profit electric utility serves 11,000 meters in a 2,500-square-mile territory that includes Douglas, Coos, and Lane counties in western Oregon.

In Grant County, the town of John Day received two grants, including the state’s largest award of $9,907,344 earmarked for Grant County’s evacuation corridor and fuels management, Forest Service officials said. (This is the same Grant County that arrested a burn boss on a USFS prescribed fire last fall.) The Blue Mountain Eagle reported that Prairie Wood Products also was awarded a $1 million grant as part of an effort to strengthen the wood products economy and promote sustainable forest management. Through the Wood Products Infrastructure Assistance grant program, the Forest Service is providing funding to wood processing facilities to improve, establish, retrofit, or expand facilities that purchase and process byproducts from ecosystem restoration projects on federal or tribal lands.

The Forest Service’s CWDG program invests a total of $23.5 million to assist communities, and often partners with The Nature Conservancy. “In 60 years of working with wildland fire, The Nature Conservancy has learned that successful wildfire adaptation efforts are inevitably grounded in communities,” said Marek Smith, director of TNC’s North America Fire program. “The Community Wildfire Defense Grant program provides an important opportunity to deliver needed resources to communities that are doing the challenging work of living sustainably with wildfire.”

The 2021 Bootleg Fire on the Chiloquin Ranger District of the Fremont-Winema National Forest. South Central Oregon Fire Management Partnership photo
The 2021 Bootleg Fire on the Chiloquin Ranger District of the Fremont-Winema National Forest. South Central Oregon Fire Management Partnership photo

Some of the 100 funded projects — including the Chiloquin Wildfire Risk Reduction and Education project in Oregon — are led by TNC or its partners.

“We’re grateful for support of TNC-involved projects, and we’re deeply grateful to see a broad slate of funded projects that are diverse in terms of scope, communities represented, and geography,” said Smith. “A better future with wildland fire requires that outmoded ideas and approaches are transformed by the vision and experience of diverse communities.”

Forest Service officials said the CWDG program funding is made possible through the federal Bipartisan Infrastructure Law, part of which prioritized low-income communities at risk of a wildfire hazard. An additional round of funding will be announced later this year.

University of Oregon launches new smoke research center

The University of Oregon in Eugene is launching a new research program to study effects of wildfire smoke and examine options for reducing risks. UO research professor Cass Moseley told KGW News that the center’s launch is due in part to efforts by Oregon’s U.S. Senators Ron Wyden and Jeff Merkley, who secured $800,000 in funding from the U.S. Environmental Protection Agency.

Research will focus in part on new ways to protect homes from smoke infiltration, along with more efficient communication with communities in emergencies and developing community action plans tailored to different regions in the Northwest.

The new Wildfire Smoke Research and Practice Center builds on research already completed through the Ecosystem Workforce Program (EWP), a joint venture between the UO and Oregon State University. KLCC reported that the EWP’s senior policy advisor Cass Moseley will head up the new center; she said recent incidents in the Pacific Northwest, particularly the 2020 Labor Day fires, highlighted the need for new smoke research. Much of Oregon, particularly the southern Willamette Valley, was choked with wildfire smoke for weeks during the 2020 fire season.

Those fires and the severe levels of smoke really emphasized the need for new research, according to Moseley. “And we saw this fall in Oakridge, several weeks of highly dense smoke as the fire there settled into that valley and really stayed; that community spent a lot of time and energy responding to that smoke event.”

Cedar Creek Fire, October 2022
Cedar Creek Fire Incident Command Post in Oakridge, Oct. 15, 2022 — Inciweb photo

The center’s launch was announced by Merkley and Wyden, who secured the funding to help communities prepare for wildfire smoke. One area of interest is the toxins released when manmade structures burn, as these risks became obvious during western Oregon fires in wildland/urban interface areas over the last few years. Most smoke research has focused on burning timber and wooden structures, and part of the new planned research will study effects of smoke from burning plastics, glass, fuels, and other synthetic materials. Moseley said the center has three co-investigators and a principal investigator leading the group, along with research assistants and graduate and undergraduate student assistants.

Judge dismisses lawsuit over Oregon’s new heat and smoke rules

When local residents who aren’t firefighters see summertime haze or clouds on the horizon, they often guess it’s smoke. Mid-summer they often think it’s wildfire smoke, and in the fall they suspect it’s a prescribed burn. This is a “common experience” with wildfire smoke, according to attorneys with Oregon OSHA, who successfully argued last week that it’s fairly easy to determine when the air is smoky and affecting air quality.

On Tuesday, according to the Salem Statesman Journal, a federal magistrate dismissed a lawsuit against Oregon OSHA in which plaintiffs claimed the state agency’s new heat and smoke rules somehow violated the 14th amendment of the U.S. Constitution and were unenforceable. Lawyers for Oregon Manufacturers and Commerce, Associated Oregon Loggers, and Oregon Forest Industries Council claimed that air quality fluctuations are caused by many factors, and not just wildfire smoke.

“Most times, it’s not obvious,” attorney James Anderson declared. “There’s no method to determine that air quality is due to wildfire smoke, or prescribed burn smoke, or other things that make up particulates.”

Magistrate Mark D. Clarke was not persuaded. “Why is it that complicated?” he asked. He said Oregonians are quite familiar with wildfire smoke. “I’m not sure any of us have any trouble knowing when wildfire smoke rolls in. I’m having trouble with that, factually.”

The lawsuit also claimed that OSHA’s rules to protect workers against extreme heat and smoke were too vague to be enforced. The new rules, as KGW-TV reported last July, took effect after recent heat waves in Oregon resulted in medical problems and deaths, prompting new requirements for employers to protect employees from heat-related illnesses. The new OSHA rules require, when the heat index hits or exceeds 80 °F, that employers provide shaded areas for workers to rest, more break time, and access to plenty of water. When temperatures exceed 90 then breaks must be longer, communication must be more frequent, and workers must be monitored more closely.

Dangerous heat exposure is risky especially for farm workers, according to Ira Cuello Martinez, policy director for Pineros y Campesinos Unidos del Noroeste (PCUN), Oregon’s farm worker union. “You’re constantly moving and doing repetitive motions, having to bend down, and there aren’t many shaded structures when it comes to the field or doing work in agriculture,” he said.

Union takes a position on the arrest of a firefighter during a prescribed fire

Starr 6 prescribed fire, Oct. 19, 2022
Firefighter at the Starr 6 prescribed fire, Oct. 19, 2022. Tony Chiotti – Blue Mountain Eagle.

On November 2, 2022 the National Federation of Federal Employees (NFFE) issued the following statement about the federal employee who was arrested by the Grant County Oregon sheriff last month. At the time the firefighter was running the operation as the Burn Boss on the Starr 6 prescribed fire when it grew unexpectedly and spread onto about 20 acres of private land.


Today, the National Federation of Federal Employees (NFFE) strongly condemns the wrongful arrest of Rick Snodgrass, a U.S. Forest Service (USFS) wildland firefighter who was working as an active “burn boss” when taken into sheriff’s custody on October 19, 2022. At the time of his arrest, Firefighter Snodgrass, an Assistant Fire Management Officer, was working as the incident commander overseeing fire operations and containment efforts during a prescribed burn on the Malheur National Forest in Grant County, Oregon. Grant County Sheriff Todd McKinley arrested Firefighter Snodgrass during the burn operation after the fire unexpectedly jumped a roadway when wind picked up, causing the fire to burn several acres of grasslands on private property.

NFFE National President Randy Erwin released the following statement after the arrest of USFS Firefighter Snodgrass:

“It is unconscionable that a local sheriff would arrest a working wildland firefighter during an active fire operation. Not only did the sheriff exceed his authority in detaining Firefighter Snodgrass, in doing so, the sheriff put everyone and everything in danger by removing a working fire commander during a dangerous incident. Firefighter Snodgrass was arrested for simply doing his job.

“We applaud all of the wildland firefighters on the line that day who held their focus despite the Sheriff’s interference. Undeterred, they worked together to contain the blaze and finish the job. Our firefighters who conduct and lead prescribed burns, like Firefighter Snodgrass, are highly trained professionals. They know how to manage the most dangerous situations. Prescribed burns are essential to keeping communities across this country safe from wildfires. When dealing with unpredictable environmental conditions, it is always possible that a prescribed burn could spill over into an untargeted area. Normally when this happens, the government will address any damages to affected parties as appropriate. It is not normal for a local sheriff to arrest a working fire commander during an incident. In doing so, the sheriff may have violated federal law that makes it a felony to interfere with a federal employee during their official duties, and the sheriff may have opened the county to massive liability for a civil rights violation for unlawfully detaining and removing Firefighter Snodgrass.

“Firefighter Snodgrass has the full, unconditional support of your union, as does every federal wildland firefighter across this country. NFFE is calling on state and federal authorities to investigate the reckless actions of Sheriff McKinley to pursue any violation of civil and criminal law. This incident will not be swept under the rug. There must be consequences for this unprecedented abuse of power and incredibly dangerous disruption to the critical work of the Forest Service.

“We applaud the USDA and the USFS for expressing their full support of Firefighter Snodgrass in the performance of his official duties. NFFE will continue to follow this investigation and provide support to Firefighter Snodgrass to ensure that rogue sheriffs or any other person who threatens or impedes public servants answer for their actions.”

Landowners file suits against US Forest Service for burning their property during Chetco Bar Fire in Oregon

Chetco Bar Fire July 13, 2017
The Chetco Bar Fire on July 13, 2017 taken from a helicopter during the Type 3 Incident Commander’s first recon flight.

Two lawsuits have been filed in federal court for firing operations that burned private land during the Chetco Bar Fire that eventually burned more than 191,000 acres on land managed by the US Forest Service and private landowners in southwest Oregon.

The suit, under the Tucker Act for inverse condemnation, seeks compensation for “property taken” by the USFS in its use and management of the Chetco Bar Fire. It alleges that between August 17 and 20, 2017 the USFS conducted firing operations on their property “to achieve its natural resource management objectives, and to otherwise manage its lands”.

“USFS employed planned ignitions in the form of large-scale backfires designed to artificially grow the naturally occurring wildfire to sizes much larger than if it has been left to burn naturally,” say the two complaints filed October 21. “The large-scale planned ignitions on the Chetco Bar Fire ignored political and property boundaries and used Plaintiffs’ nonfederal resources as backfire fuel, imposing the costs of the natural resource management objectives upon Plaintiffs.”

The Chetco Bar Fire started from a lightning strike during a storm on June 24 and 25, 2017 and was first reported by an airline pilot 17 days later on July 12.

The attorney representing the landowners is Quentin Rhodes in Missoula, who is not your typical barrister. He worked as a wildland firefighter for eight seasons between 1987 and 1994, serving on the Helena Hotshot crew and later as a smokejumper at West Yellowstone and Missoula. He told Wildfire Today in 2012 that he was in the first planeload of jumpers on the South Canyon Fire in Colorado in 1994, the fatal fire on which 14 wildland firefighters were entrapped and killed. In 2012 he represented owners of a Montana ranch who won a $750,000 judgement against the state of Montana when firefighters on the Ryan Gulch Fire employed firing operations which burned 900 acres of the ranch’s land.