I wrote this article for the Grants Pass Tribune
For decades, Josephine County relied on O&C funds and timber receipts for its funding. However, the current revenue from these sources is significantly lower compared to the past due to environmental concerns such as the spotted owl. Unfortunately, there seems to be little interest in restoring logging to its former levels. This has led to issues such as dense, overgrown replanted areas where trees struggle to grow rapidly and water scarcity is prevalent, resulting in tree mortality and increased susceptibility to pest infestations.
The neglect of once-used logging roads has further compounded the problem, impeding quick access for fire apparatus during wildfires. These roads were previously crucial for promptly addressing lightning strikes to prevent small fires from escalating. In 1992, quick access facilitated the containment of eight fires by my ODF engine crew in a single day, limiting the largest fire to a mere 1/10 acre. However, today, lightning strike fires escalate into large conflagrations due to the lack of accessible routes and overgrown forests.
In my opinion, mismanagement and the reduction in logging activities on forest lands have significantly contributed to these challenges. Active thinning, management, and logging of forested areas adjacent to populated regions, known as the Wildland Urban Interface (WUI), could mitigate damage to private property and safeguard the health of Josephine County citizens.
Tort law principles highlight that property usage causing inconvenience, harm, or annoyance to others may lead to liability for resulting damages. Nuisances can be broadly categorized into public and private nuisances:
Public Nuisance: Acts endangering public life, health, property, morals, or obstructing public rights.
Private Nuisance: Interference with an individual’s land use and enjoyment rights.
Examples of nuisances include noise pollution, sunlight obstruction, or odors. Notably, the action must be ongoing or recurring, rather than a one-time incident. Affected parties may seek remedies such as damages or injunctions to halt the nuisance.
Fire damage to private property constitutes a public nuisance, while smoke is both a public and private nuisance.
As your County Commissioner, I will work on holding federal and state governments accountable for ensuring Josephine County’s unimpaired property use and protection. Collaborating with commissioners from other counties to broaden support for lawsuits, documenting damages for court reference, and pressuring governments to maintain fire buffers between public and private lands are key strategies. For instance, around 2010, the Coconino National Forest reduces the land to the Southeast of Flagstaff to a maximum of 100 trees per acre within a mile-wide swath of private land to mitigate fire risks.
Below is the published article.