Liability and the use of prescribed fire in the Southern Plains, USA: A survey of district court judges

Authors: HINOJOSA, ALISSA - Texas A&M University; URS, KREUTER - Texas A&M University; Wonkka, Carissa

Submitted to: Land
Publication Type: Peer Reviewed Journal
Publication Acceptance Date: 9/7/2020
Publication Date: 9/9/2020
Citation: Hinojosa, A., Urs, K.P., Wonkka, C.L. 2020. Liability and the use of prescribed fire in the Southern Plains, USA: A survey of district court judges. Land. 9(9):318. https://doi.org/10.3390/land9090318.
DOI: https://doi.org/10.3390/land9090318

Interpretive Summary: Fire suppression has resulted in changes in the biological composition of many grasslands frequently resulting in the loss of both grazing productivity and biodiversity. It has also led to woody plant expansion and accumulation of fuels that increase wildfire risk. Land managers have attempted to reverse these trends through controlled burning, but regulations and liability concerns often deter them from using this land management tool. We addressed this issue by gathering information from District Court Judges in the Southern Plains who affect the legal context of controlled burning in that region. Texas and Oklahoma were selected for the study because woody plant expansion and increase in wildfire risk has been greatest in that portion of the Great Plains. Judges have differing views about the benefits of controlled burning and about statutes and regulations affecting it, which can lead to uncertainty among burners regarding their legal and financial risks. However, information about the way in which Judges’ interpret open burning statutes and regulations affecting prescribed fire is lacking. Therefore, we conducted a survey to shed light on the decisions Judges’ might make when presiding over an escaped fire case. We surveyed them regarding their understanding and perception of controlled burning and their understanding of the regulations affecting fire as a management tool. Our research serves as an initial study to fill this knowledge gap.

Technical Abstract: Suppression of historical fire regimes (both lightening-ignited and anthropogenic) has resulted in changes in the biological composition of many fire dependent ecosystems frequently resulting in the loss of both grazing productivity and biodiversity in grasslands and savannas. It has also led to woody plant expansion and accumulation of fuel loads that increase the risk of destructive wildfires. Land managers have attempted to reverse these trends through the application of prescribed fire, but regulations and liability concerns often deter them from using this land management tool. We addressed this issue by gathering information from District Court Judges in the Southern Plains who affect the legal context of prescribed burning in that region. Texas and Oklahoma were selected for the study because woody plant expansion and the associated increase in wildfire risk has been most pronounced in that portion of the Great Plains. Judges have differing views about the ecological role of prescribed fire, or about statutes and regulations affecting it, which can lead to uncertainty among prescribed fire applicators regarding their legal and financial risks. However, information about the way in which Judges’ interpret open burning statutes and regulations affecting prescribed fire is lacking. Therefore, we conducted a survey to shed light on the decisions Judges’ might make when presiding over an escaped fire case by investigating their understanding and perception of prescribed fire, and their understanding of the statutes and regulations affecting fire as a management tool. Our research serves as an initial study to fill this knowledge gap.