For example, the guidelines allow more burning to take place under different weather conditions, such as slightly higher wind or temperature conditions.”. This preview shows page 1 - 3 out of 7 pages. These actions are summarized in the report noted above and include the following assessments: “Recognizing the need for urgent action, Governor Gavin Newsom issued Executive Order N-05-19 on January 9, 2019. Shea Gainer Simoncini Political Science 13 November 2018 Federal Government vs California government The United States was built off of the idea of freedom. Patent and copyright laws 6. The patchwork of Federal, State, local government and private entities which own California’s forest is displayed below in Figure 3 from the LAO report. The state sets up such a defense, arguing that by this conduct the Government is barred from enforcing its rights by reason of principles similar to laches, estoppel or adverse possession. A remarkable network of centuries-long annual tree-ring chronologies has now allowed for the reconstruction of past drought over North America covering the past 1000 or more years in most regions. They’ve been told to wait for representatives of several state and federal agencies to reach an agreement on environmental assessment guidelines. While the government has shelled out around $750 billion total to states during this crisis, it faces questions about whether the distribution has been truly equitable and efficient. The state’s climate alarmist politicians, media and climate activists have attempted to make nebulous and lame excuses that man made “climate change” is accountable for the poor forest conditions and increased wildfires but these claims are unsupported by climate data going back more than 1,000 years showing extensive periods of extreme droughts and precipitation in California have long existed and that no definitive change in this very long term climate record has been established as was noted in a Los Angeles Times article from 2014. Supreme court of California consists of a Chief Justice and six associate, justices. The very important function of timber harvesting on both state and federal regulated forests has been particularly hard hit and is described in the LAO report as follows: “Figure 4 shows the amount of timber harvested in California on both private and public lands over the past 60 years. “As discussed earlier, biomass that is not utilized is most frequently disposed of by open pile burning. Other top positions in that branch are: Lieutenant Governor, Attorney General, Secretary of State and more. While this approach is often less expensive than efforts to use biomass, it still requires landowners to invest significant time, planning, and funding. Historically, much of this excess forest product was burned to produce bioenergy. Governor Newsom had to invoke the declaration of a State of Emergency in late March of this year to waive California’s onerous and overbearing environmental laws and regulations to allow for these actions to commence in a timely manner. For example, federal law has a provision—known as the “Good Neighbor Authority”—that allows states to fund and implement forest health projects on federally owned land. California also has intermediate, appellate courts that are divided into six courts. Project examples include removal of hazardous dead trees, vegetation clearing creation of fuel breaks and community defensible spaces, and creation of ingress and egress corridors. When California conforms to federal tax law changes, we do not always adopt all of the changes made at the federal level. To protect public safety and ecology, experts agree that at least one million acres of California forest and wildlands must be treated annually across jurisdictions. State officials tasked with debris cleanup say they have been directed not to enter an estimated 800 burned Butte County home sites within 100 feet of a waterway. Most state governments are modeled after the federal government with three branches. Pp. More recently, the economic recession in the late 2000s sharply reduced demand for new housing construction, thereby also suppressing demand for timber. We note that in recent years, the Legislature has provided Cal Fire with additional year‑round firefighting staff, which should increase the department’s capacity both to combat wildfires and conduct prescribed burns and other proactive forest management activities.”. Accordingly, USFS has changed its policy from fire control to fire management, allowing fires to play their natural ecological roles as long as they can be contained safely based on weather patterns, terrain, proximity to development, and other factors. Should California's state law to allow Marijuana override Congress's? This result has made it more difficult and expensive to undertake needed forest thinning. The Family and Medical Leave Act (FMLA) is a federal law with specific manifestations at the state level. (Our findings and recommendations focus on state regulatory requirements, since federal laws and permits are beyond the scope of the state Legislature’s authority to change.). Details on the projects and CAL FIRE’s analysis can be found online which will remain updated in the coming months. The recommendations in this report, while significant, are only part of the solution. Additionally, federal and state agencies have established agreements for collaborative fire suppression efforts across jurisdictions when fires do occur.”. As such, California government and its Constitution are prohibited from violating fundamental rights provided by the United States Constitution. “Environmental concerns, including fear of harming sensitive frog species, have forced Camp Fire crews to back away from cleaning some properties in the Paradise area. The major distinction is that the state has a governor and the federal government has a president. Abstract. In contrast, at the end of 2017 there were only 22 operational facilities with a total capacity of 525 megawatts. First, all documentation—including a burn plan, CEQA compliance, and air quality permits—must be completed by the landowner and Cal Fire for the project in advance. California superior courts. The federal Constitution vests the federal government with specified powers, but the powers not enumerated in the federal Constitution are reserved to the states under the Tenth Amendment. The State government only takes into account itself—California in this case. Solutions to address this concern have been attempted—most notably, the implementation of NTMP (Non-Industrial Timber Management Plan) and the more recent Working Forest Management Plan program, which have fewer planning requirements for smaller landowners and are valid for a longer time period compared to THPs. The 1,000 year long tree ring data record provided in the information above demonstrates that California has been subjected to extensive intervals of natural climate change driven cycles of droughts and precipitation events for centuries. Indeed, a January report from the SUNY Rockefeller Institute of Government found that just eight states gave more to the federal government in 2018 than they received in federal … Lawsuits vs. the Federal Government Show sub menu. These reconstructions, many of which cover the past 1000 yr, have revealed the occurrence of a number of unprecedented megadroughts over the past millennium that clearly exceed any found in the instrumental records since about AD 1850, including an epoch of significantly elevated aridity that persisted for almost 400 yr over the AD 900–1300 period. Additionally, the state of California has a large number of regulatory agencies whose procedures and processes have significant impacts on the ability of actions to go forward in a timely and effective manner regarding necessary forest management efforts. For example, the Sierra National Forest has lost nearly 32 million trees, representing an overall mortality rate of between 55 percent and 60 percent. For instance, there’s evidence that the sun emitted slightly more energy over the first half of the 20th century, which also affected the climate.”. These changes have also contributed to changing the relative composition of trees within the forest such that they now have considerably more small trees and comparatively fewer large trees. The Federal government of the United States has limited the use of marijuana since the 1937 Marijuana Tax Act came into effect. ", “While forest management responsibilities typically align with ownership, natural processes—such as forest fires, water runoff, and wildlife habitats—do not observe those jurisdictional boundaries. However, selling any forest products commercially usually requires additional documentation, such as a THP. Overall tree density in the state’s forested regions increased by30 percent between the 1930s and the 2000s. State and local governments own about a 3 percent (1 million acres) combined. By These Estimates, California Receives $0.99 in Federal Expenditures Per Dollar of Taxes Paid. Our government today is enough to take pride in. The increase in tree density can have a number of concerning implications for California’s forests—including increased mortality caused by severe wildfires and disease—as displayed in the figure and discussed below.”. Using locally developed and vetted fire plans prepared by CAL FIRE Units as a starting point, CAL FIRE identified priority fuel reduction projects that can be implemented almost immediately to protect communities vulnerable to wildfire. This vulnerability has been on display in recent years, as an estimated 129 million trees in California’s forests died between 2010 and 2017, including over 62 million dying in 2016 alone. To reduce smoke, permits restrict the size of burn piles and vegetation that can be burned, the hours available for burns, and the allowable moisture levels in the material. However, a significant number of bioenergy facilities have closed over the course of the past two decades. An example of the federal power vs the state power. The federal government is expressly given the power to make and veto laws, oversee national defense and foreign policy, impeach officials, impose tariffs and enter into treaties. While the United States Constitution is the supreme law of the land, the California Constitution sets forth the duties, powers, structure, and functions of the state government. Including the legislative, executive, judicial, bureaucracy. The excuse that “climate change” has caused these problems is nothing but scientifically unsupported propaganda being used in an attempt to conceal that the state government is really responsible for these outcomes. Millions of acres are in need of treatment, and this work— once completed—must be repeated over the years. So the federal government’s ability to absorb pension obligations is greater than California’s. The Constitution gives the state governments all powers that aren’t given exclusively to the federal government. In fact the article states that: “Some researchers aren’t yet convinced that the results show a clear human influence on past drought trends.”, “But scientists have had a tougher time picking out the effects on precipitation, which should increase in some places and decrease in others.”, “Part of the problem is that the changes driven by humanity’s production of greenhouse gases usually get swamped by the tremendous natural variability of the climate system, particularly when studying the history of a specific region.”, “Other researchers said the study authors’ method can’t determine whether the soil moisture changes recorded in the tree ring data occurred because of an increase in greenhouse gases or because of natural causes — which are also included in the model simulations used to create the fingerprint. As such, federal and state agencies have developed certain arrangements to collaborate on management activities across California’s forests. 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