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

Author

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  • Alissa Hinojosa

    (Ecology and Conservation Biology, Texas A&M University, College Station, TX 77843, USA)

  • Urs P. Kreuter

    (Ecology and Conservation Biology, Texas A&M University, College Station, TX 77843, USA)

  • Carissa L. Wonkka

    (Northern Plains Agricultural Research Lab, USDA Agricultural Research Service, Sidney, MT 59270, USA)

Abstract

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.

Suggested Citation

  • Alissa Hinojosa & Urs P. Kreuter & Carissa L. Wonkka, 2020. "Liability and the Use of Prescribed Fire in the Southern Plains, USA: A Survey of District Court Judges," Land, MDPI, vol. 9(9), pages 1-12, September.
    • Handle: RePEc:gam:jlands:v:9:y:2020:i:9:p:318-:d:410826
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    References listed on IDEAS

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    1. Armstrong, J. Scott & Overton, Terry S., 1977. "Estimating Nonresponse Bias in Mail Surveys," MPRA Paper 81694, University Library of Munich, Germany.
    2. Sun, Changyou, 2006. "State statutory reforms and retention of prescribed fire liability laws on U.S. forest land," Forest Policy and Economics, Elsevier, vol. 9(4), pages 392-402, December.
    3. Jonathan Yoder & Marcia Tilley & David Engle & Samuel Fuhlendorf, 2003. "Economics and Prescribed Fire Law in the United States," Review of Agricultural Economics, Agricultural and Applied Economics Association, vol. 25(1), pages 218-233.
    4. Jonathan Yoder & Marcia Tilley & David Engle & Samuel Fuhlendorf, 2003. "Economics and Prescribed Fire Law in the United States," Review of Agricultural Economics, Agricultural and Applied Economics Association, vol. 25(1), pages 218-233.
    5. Rebecca K. Miller & Christopher B. Field & Katharine J. Mach, 2020. "Barriers and enablers for prescribed burns for wildfire management in California," Nature Sustainability, Nature, vol. 3(2), pages 101-109, February.
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    Cited by:

    1. Autumn S. Clark & Devan Allen McGranahan & Benjamin A. Geaumont & Carissa L. Wonkka & Jacqueline P. Ott & Urs P. Kreuter, 2022. "Barriers to Prescribed Fire in the US Great Plains, Part II: Critical Review of Presently Used and Potentially Expandable Solutions," Land, MDPI, vol. 11(9), pages 1-13, September.
    2. Shrestha, Anusha & Grala, Robert K. & Grado, Stephen C. & Roberts, Scott D. & Gordon, Jason S. & Adhikari, Ram K., 2021. "Nonindustrial private forest landowner willingness to pay for prescribed burning to lower wildfire hazards," Forest Policy and Economics, Elsevier, vol. 127(C).
    3. Autumn S. Clark & Devan Allen McGranahan & Benjamin A. Geaumont & Carissa L. Wonkka & Jacqueline P. Ott & Urs P. Kreuter, 2022. "Barriers to Prescribed Fire in the US Great Plains, Part I: Systematic Review of Socio-Ecological Research," Land, MDPI, vol. 11(9), pages 1-16, September.
    4. Thomas W. McDaniel & Carissa L. Wonkka & Morgan L. Treadwell & Urs P. Kreuter, 2021. "Factors Influencing County Commissioners’ Decisions about Burn Bans in the Southern Plains, USA," Land, MDPI, vol. 10(7), pages 1-13, June.

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