Jennifer L. Henn  |  October 23, 2020

Category: Legal News

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Will the feds give California wildfire assistance?

California Gov. Gavin Newsom succeeded Friday in convincing President Donald J. Trump to reverse his decision and grant the state’s request for an emergency disaster declaration – and the relief aid that comes with it – to deal with the wildfire crisis there.

Trump rejected California’s pleas a day earlier, prompting Newsom to appeal on behalf of a state that is experiencing voracious wildfires on a historic scale. House Minority Leader Kevin McCarthy, a Republican whose Congressional district is experiencing some of the California wildfire damage, joined in the effort to lobby Trump for California wildfire assistance, according to ABC News.

Newsom’s Request Based on Dire Circumstances

Newsom wrote to Trump on Sept. 28, asking for the federal disaster declaration in light of the numerous wildfires raging across California. The Creek Fire alone has consumed more than 352,000 acres since it ignited near Fresno on Sept. 4, making it the largest wildfire ever recorded in a state that battles such blazes every year.

“The severity and magnitude of these fires continue to cause significant impacts to the state and to the affected local jurisdictions, such that the recovery efforts remain beyond the state’s capabilities,” the governor wrote. “Many of the counties impacted by these wildfires are still recovering from previous devastating wildfires, storms, and the effects of the COVID-19 pandemic.”

Some 22 wildfires were burning as of Oct. 20, a dozen of which were considered major incidents, according to the California Department of Forestry and Fire Protection, also known as Cal Fire. A day earlier, firefighters reported being called to 31 “new initial attack wildfires.”

Will the feds give California wildfire assistance?“Since the beginning of the year, there have been over 8,700 wildfires that have burned well over 4.1 million acres in California,” Cal Fire reported on its website this week. “To date, the total number of fatalities statewide is 31 and more than 9,200 structures have been destroyed.”

Newsom’s letter and request for California wildfire assistance dealt only with the conditions starting in September and estimated the infrastructure damage done so far to be upwards of $346 million.

“Federal assistance is critical to support physical and economic recovery of California and its communities,” he wrote. “The longer it takes for California and its communities to recover, the more severe, devastating, and irreversible the economic impacts will be.”

Trump Administration’s Initial Answer

“The request for a Major Presidential Disaster Declaration for early September fires has been denied by the federal administration,” CNN quoted Newsom’s Office of Emergency Services spokesman Brian Ferguson as saying Oct. 15. “The state plans to appeal the decision.”

The Federal Emergency Management Agency approved four fire management assistance grants to help with wildfires cited in the state’s emergency disaster request. But FEMA press secretary Lizzie Litzow reportedly told ABC News “the assessments FEMA conducted with state and local partners” showed the September fire damage hadn’t reached a level necessary to trigger the emergency declaration.

Instead, it could be handled by “the state, affected local governments, voluntary agencies and other responding federal agencies,” she said.

California officials could apply to the U.S. Small Business Administration, for example, to seek  low-interest disaster loans for homeowners, renters and businesses, Litzow explained.

“Other federal programs may also become available to aid recovery. But we cannot stress enough, insurance is always the most frequent financial source of help after disasters,” ABC News quoted her as saying. “If someone has insurance, they should file a claim immediately. The faster they file, the faster their recovery can begin.”

Trump Threatened to Withhold California Wildfire Assistance Earlier

Before Newsom even made the request, Trump hinted he might reject any pleas from California to grant federal assistance for disaster recovery. At a reelection campaign rally in Pennsylvania in August he told his supporters, “Maybe we’re just going to have to make them pay for it because they don’t listen to us.”

In November 2019, Trump directly criticized California and its governor over forest management via his Twitter account in the midst of last year’s wildfire season.

“I told him from the first day we met that he must ‘clean’ his forest floors regardless of what his bosses, the environmentalists, DEMAND of him,” Trump tweeted. “Every year, as the fire’s rage & California burns, it is the same thing-and then he comes to the Federal Government for $$$ help. No more. Get your act together Governor.”

Newsom responded via Twitter by taking a shot at the president for not believing in climate change, which experts have said is playing an increasing role in the severity and length of California’s wildfire seasons.

Trump visited the Golden State in September and met with Newsom to discuss California wildfire assistance, among other things.

Join a Free California Wildfire Property Damage Lawsuit Investigation

If you experienced property damage or tree damage during the California wildfire 2020 season, your insurance company should cover your losses.

If you believe your insurer underpaid you for your losses, or if you were underinsured, it is not too late to fight for the compensation you deserve.

Get a Free Case Evaluation

This article is not legal advice. It is presented
for informational purposes only.

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