Liability and the Use of Prescribed Fire in the Southern Plains, USA: A Survey of District Court Judges

Suppression of historical fire regimes has changed the composition and structure of many fire-dependent ecosystems, frequently resulting in decreased grazing productivity and biodiversity in grasslands and savannas. Land managers have attempted to reverse these trends through the application of pres...

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Bibliographic Details
Published in:Land (Basel) 2020-09, Vol.9 (9), p.318
Main Authors: Hinojosa, Alissa, Kreuter, Urs P., Wonkka, Carissa L.
Format: Article
Language:English
Subjects:
Biodiversity
burn ban
Burning
county judges
Decision making
Fire damage
Forest & brush fires
Grasslands
gross negligence
Hypotheses
Judges & magistrates
Land management
Landowners
legal statutes
Liability
Litigation
Negligence
Open burning
Perceptions
Polls & surveys
prescribed burning
Prescribed fire
Property damage
Questions
Regulations
Savannahs
simple negligence
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Summary:Suppression of historical fire regimes has changed the composition and structure of many fire-dependent ecosystems, frequently resulting in decreased grazing productivity and biodiversity in grasslands and savannas. Land managers have attempted to reverse these trends through the application of prescribed fire, but regulations and liability concerns often deter them. District court judges play a key role in defining the legal context of prescribed burning by interpreting applicable statutes in personal injury or property damage cases resulting from escaped prescribed fire. However, information about the way judges interpret open burning statutes and regulations is difficult to obtain. We conducted a mail survey of district court judges in Texas and Oklahoma, USA to shed light on decisions judges might make presiding over an escaped fire case. The survey included questions regarding their perception of prescribed fire, their understanding of the laws affecting prescribed burning, and hypothetical questions to determine how they would apply relevant law in an escaped fire case. We found that judges cited fewer factors as evidence of gross negligence than simple negligence. This suggests that a shift toward a gross negligence liability standard for escaped prescribed fire cases might result in fewer findings of prescribed burner liability.
ISSN:2073-445X
2073-445X
DOI:10.3390/land9090318