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A Quarter-Billion Dollars for Defamation: Inside Greenpeace’s Huge Loss

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A Quarter-Billion Dollars for Defamation: Inside Greenpeace’s Huge Loss

When the environmental group Greenpeace lost a nearly $670 million verdict this month over its role in oil pipeline protests, a quarter-billion dollars of the damages were awarded not for the actual demonstrations, but for defaming the pipeline’s owner.

The costly verdict has raised alarm among activist organizations as well as some First Amendment experts, who said the lawsuit and damage awards could deter free speech far beyond the environmental movement.

The verdict “will send a chill down the spine of any nonprofit who wants to get involved in any political protest,” said David D. Cole, a professor at Georgetown Law and former national legal director of the American Civil Liberties Union. “If you’re the Sierra Club, or the N.A.A.C.P., or the N.R.A., or an anti-abortion group, you’re going to be very worried.”

The lawsuit, filed by Energy Transfer in 2019, accused Greenpeace of masterminding an “unlawful and violent scheme” to harm the company’s finances, employees and infrastructure and to block the construction of the Dakota Access Pipeline. Greenpeace countered that it had promoted peaceful protest and had played only a minor role in the demonstrations, which were led by the Standing Rock Sioux Tribe over concerns about its ancestral land and water supply.

A key part of Energy Transfer’s case relied on defamation claims. For example, the jury found that Greenpeace defamed the company by saying it had “damaged at least 380 sacred and cultural sites” during pipeline work, the first of nine statements found defamatory.

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Greenpeace called Energy Transfer’s lawsuit an attempt to muzzle the company’s critics. “This case should alarm everyone, no matter their political inclinations,” said Sushma Raman, interim executive director of Greenpeace USA. “We should all be concerned about the future of the First Amendment.”

Greenpeace has said it will appeal to the Supreme Court in North Dakota, the state where the trial was held. Free-speech issues are widely expected to figure prominently in that filing.

But Greenpeace was not the only party invoking the First Amendment.

Upon leaving the courtroom, the lead lawyer for Energy Transfer, Trey Cox of Gibson, Dunn & Crutcher, called the verdict “a powerful affirmation” of the First Amendment. “Peaceful protest is an inherent American right,” he said. “However, violent and destructive protest is unlawful and unacceptable.”

Vicki Granado, a spokeswoman for Energy Transfer, described the verdict as “a win for all law-abiding Americans who understand the difference between the right to free speech and breaking the law.”

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The clashing comments shine a light on a central tension in the debate: Where do you draw the line between peaceful protest and unlawful activity?

“If people are engaged in non-expressive conduct, like vandalism, like impeding roadways such that cars and passers-by can’t use those roadways, the First Amendment is not going to protect that,” said JT Morris, a senior supervising attorney at the Foundation for Individual Rights and Expression, a nonprofit that defends free speech across the ideological spectrum. “But peaceful protest, criticism of companies on matters of public concern, those are all protected.”

The verdict landed in the midst of a larger debate over the limits of free speech. President Trump has accused news outlets of defaming him, and he has been found liable for defamation himself. His administration has targeted law firms he perceives as enemies, as well as international students deemed too critical of Israel or of U.S. foreign policy. Conservatives have accused social media platforms of suppressing free speech and have vowed to stop what they call online censorship.

“There’s nothing in this particular political climate that’s shocking anymore,” said Jack Weinberg, who in the 1960s was a prominent free-speech activist and later worked for Greenpeace. (He’s also known for the phrase “Don’t trust anyone over 30,” although that’s not exactly how he said it.) “But it’s wrong,” he said of the verdict, “and it will have profound consequences.”

There has long been a high bar for defamation lawsuits in the United States.

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The First Amendment protects free speech and the right to protest, and a landmark 1964 Supreme Court decision, New York Times v. Sullivan, strengthened those protections. To prevail in a defamation suit, a public figure must prove that the statement was false and was made with “actual malice,” meaning knowledge that the statement was false, or reckless disregard for its veracity.

Carl W. Tobias, a professor at the University of Richmond School of Law, said that ruling intentionally raised the bar to win a defamation suit. “It’s extreme,” he said. “It’s meant to be.”

Eugene Volokh, a senior fellow at the Hoover Institute at Stanford University, pointed to the history of that famous case. It concerned a 1960 ad in The Times that described police actions against civil rights demonstrators in Alabama as “an unprecedented wave of terror.”

A police official sued the paper and won. But the Supreme Court overturned the verdict. The court ruled that protecting such speech was necessary, even if it contained errors, in order to ensure robust public debate.

In a Greenpeace appeal, Mr. Volokh said, the evidence demonstrating whether Greenpeace’s statements were true or false would be crucial in evaluating the verdict, as would the question of whether Greenpeace’s statements were constitutionally protected expressions of opinion.

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Other issues that loom: What was permitted to be entered into evidence in the first place, and whether the instructions to the jury were sufficient. Then, he said, if the statements are found to be clearly false, is there enough evidence to show that Greenpeace engaged in “reckless falsehood, acts of so-called actual malice?”

Any award for defamation chills free speech, Mr. Volokh added, whether against Greenpeace or against the Infowars host Alex Jones, who was found liable for more than $1 billion over his false statements about the murder of children at the Sandy Hook school shooting.

In the Greenpeace case, the nine statements found by the jury to be defamatory referred to Energy Transfer and its subsidiary Dakota Access. One statement said that Dakota Access personnel had “deliberately desecrated burial grounds.” Another said that protesters had been met with “extreme violence, such as the use of water cannons, pepper spray, concussion grenades, Tasers, LRADs (Long Range Acoustic Devices) and dogs, from local and national law enforcement, and Energy Transfer partners and their private security.”

Other statements were more general: “For months, the Standing Rock Sioux have been resisting the construction of a pipeline through their tribal land and waters that would carry oil from North Dakota’s fracking fields to Illinois.”

The protests unfolded over months, from mid-2016 to early 2017, attracting tens of thousands of people from around the world, and were widely documented by news crews and on social media.

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Janet Alkire, chairwoman of the Standing Rock Sioux Tribe, argued that Greenpeace’s statements were true and not defamatory. “Energy Transfer’s false and self-serving narrative that Greenpeace manipulated Standing Rock into protesting DAPL is patronizing and disrespectful to our people,” she said in a statement, using an abbreviation for the Dakota Access Pipeline.

She said that “scenes of guard dogs menacing tribal members” were publicly available “on the news and on the internet.”

Videos of the incidents in question weren’t shown at the trial. Everett Jack Jr. of the firm Davis, Wright Tremaine, the main lawyer for Greenpeace, declined to discuss why.

The 1,172-mile pipeline, priced at $3.7 billion when announced, has been operating since 2017. It carries crude oil from North Dakota to Illinois.

During the trial, some arguments hinged on whether the pipeline crossed Standing Rock’s land, or how to define tribal land. The pipeline is just outside the borders of the reservation but crosses what the tribe calls unceded land that it had never agreed to give up.

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There was also debate about whether tribal burial grounds were harmed during construction. Experts working for the tribe found that was the case, but experts brought in by Energy Transfer did not.

Even if a statement was false, Mr. Cole said, a defendant cannot be held liable if they had a basis for believing it. He also predicted that the penalty would likely be reduced on appeal if not overturned.

Martin Garbus, a veteran First Amendment lawyer, led a delegation of lawyers to North Dakota to observe the trial, who have said that the jury was biased against the defendants and that the trial should have been moved to another county. He expressed concern that an appeal to the U.S. Supreme Court could be used to overturn Times v. Sullivan. He noted that Justice Clarence Thomas has called for the Supreme Court to reconsider that case.

But Mr. Cole, Mr. Tobias and other experts said they did not expect the court to reconsider Times v. Sullivan.

Greenpeace has said previously that the size of the damages could force the organization to shut down its U.S. operations.

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The lawsuit named three Greenpeace entities, but it centered on the actions of Greenpeace Inc., based in Washington, which organizes campaigns and protests in the United States and was found liable for more than $400 million.

A second organization, Greenpeace Fund, a fund-raising arm, was found liable for about $130 million. A third group, Greenpeace International, based in Amsterdam, was found liable for the same amount. That group said its only involvement was signing a letter, along with several hundred other signatories, calling on banks to halt loans for the pipeline.

Earlier this year, Greenpeace International filed a countersuit in the Netherlands against Energy Transfer. That lawsuit was brought under a European Union directive designed to fight what are known as SLAPP suits, or strategic lawsuits against public participation — legal actions designed to stifle critics. (State law in North Dakota, where Energy Transfer brought its case against Greenpeace, doesn’t have anti-SLAPP provisions.)

The next hearing in the Netherlands case is in July.

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Oliver Tree, musician and Santa Cruz native, dies in helicopter crash

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Oliver Tree, musician and Santa Cruz native, dies in helicopter crash

Oliver Tree, a genre-defying singer-songwriter and Santa Cruz native, was one of six people killed when two helicopters collided Sunday morning in Brazil, according to the Associated Press. He was 32.

Tree, a quirky artist known for his highly theatrical music videos and crisp bowl cut, had been traveling through South America as a part of his world tour. CNN Brazil reported Argentinian YouTuber Gaspar Prim, also known as Gaspi, was among those killed in the crash.

The mid-air collision occurred in Rio de Janeiro, with one of the helicopters landing in the parking lot of a car dealership, the AP reports. Local authorities have launched an investigation into the cause of the crash.

Tree, born Oliver Tree Nickell, broke out in the electronic music world first performing as, simply, Tree. He released an e.p., “Demons,” in 2013, which included a cover of Radiohead’s “Karma Police” that caught the ear of Thom Yorke. He later attended CalArts north of Los Angeles, and signed to Atlantic Records for his major-label debut e.p. “Alien Boy” in 2018.

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To find his distinct look, he told the Santa Cruz Sentinel that “I was making a statement with it. Everybody’s trying to look so beautiful and sexy nowadays. It was my way of rebelling against that. So, I tried to make myself look as silly and ridiculous as possible.”

Tree was an instant hit on the festival circuit for his outlandish stage productions and outsider charisma, performing at Lollapalooza, Coachella and Outside Lands. He collaborated with Skrillex, David Guetta and Zeds Dead, and was fiercely protective of his meticulously weird visual identity and video concepts, telling Rolling Stone that “That’s kind of my signature. The people who do f- with me know me because of my videos..Music is my day job but my real dream is to be making feature films.

He released his major label debut LP, “Ugly Is Beautiful,” in 2020. His hit song “Life Goes On” and collaboration “Miss You” with German DJ Robin Schulz earned him international recognition and climbed onto the Billboard Hot 100. He released four full length albums as Oliver Tree, most recently April’s independent LP “Love You Madly Hate You Badly.”

Tree had performed in Buenos Aires on June 4.

From July to October, he had shows scheduled throughout Europe, Australia and China. This year, he performed at the Coachella Valley Music and Arts Festival this year as a special guest of electronic producer Subtronics. In one of his last social media posts, he made a point to spotlight an upcoming show on Aug. 9 in his hometown at the Quarry Amphitheater at UC Santa Cruz.

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“I can’t believe Oliver is gone,” Schulz posted on Instagram. “You were such a lovely soul and a one of a kind character. Working with you on ‘Miss You’ was an honor. My deepest condolences to his family, friends and everyone who loved him.”

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New MLK hospital program brings amputations to zero for at-risk diabetic patients

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New MLK hospital program brings amputations to zero for at-risk diabetic patients

More than three decades after a diagnosis of Type 2 diabetes, Michelle Caldwell says her disease is better controlled than ever.

She keeps regular appointments with her endocrinologist, primary care provider, dietician and pharmacist at MLK Community Medical Group, the outpatient arm of MLK Community Healthcare.

She picks up weekly produce deliveries in the South Los Angeles hospital’s cafeteria and attends its occasional cooking classes. She has learned to decode nutrition labels and developed a taste for salads and nuts.

Just one hurdle remains: the shoes.

Diabetes can damage foot nerves, making it easier for patients to miss small scratches and wounds that could lead to serious infections. Her care team was gently urging her to switch to supportive, closed-toe footwear.

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But Caldwell loves a sandal, and the podiatrist-approved options were crimping her style.

“It doesn’t have to be, like, fashion fashion,” she said with a laugh during a recent visit with primary care provider Dr. Edward Cardenas at his East Compton office. But were there any options that didn’t look like “Frankenstein feet”?

That down-to-the-toes level of care is a feature of a program that has transformed the way MLK Community Healthcare treats diabetes, a chronic condition that affects one in every six South Los Angeles residents and nearly a quarter of MLK’s outpatients.

Four years after MLK launched an intensive management program for the most at-risk patients, more than 80% of enrollees have seen blood sugar levels decline. More than 70% have brought their blood pressure under control.

And diabetic-related amputations — which are painful and life-altering procedure that were the hospital’s most common surgery for years — have plummeted to zero for program patients.

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No novel medications or treatments are behind these results, said Dr. Jorge Reyno, MLK’s senior vice president for population health.

Dr. Edward Cardenas examines a patient with diabetes.

(Christina House / Los Angeles Times)

Rather, a relatively modest one-time grant has allowed the hospital system — whose service area includes some of L.A.’s poorest and most disadvantaged neighborhoods — to provide the same level of care for its diabetic patients that people in wealthier areas would expect as standard.

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“What we’ve demonstrated here is that we can get best-in-class care — we can even beat national benchmarks for care — if there’s the appropriate commitment and investment. And that people’s health doesn’t have to be determined just by their zip code,” Reyno said. “Because what we’ve created here is not necessarily incredibly innovative. It’s just what needs to be available — and is available in other locations.”

Some 1.3 million people live in MLK’s South Los Angeles service area. More than 90% are Black or Latino, and nearly 70% are either uninsured or have health coverage through Medi-Cal, Medicare or both.

Medi-Cal’s low provider payment rates is one reason South L.A. has only one-third of the full-time physicians necessary to treat a population of its size — a 1,500-doctor shortage, according to MLK’s research.

For many locals, MLK’s emergency department is about the only place they can see a doctor, given the challenge they face securing a timely appointment with a physician who accepts their health coverage.

Roughly 123,000 patients arrived last year at the hospital’s emergency department, which was designed to treat 40,000 people annually. About 40% were seeking primary care.

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Emergency room physicians were diagnosing diabetes in severely ill people who did not know they had the disease and treating life-threatening complications for those whose disease had long gone unmanaged.

Patients arrived with gangrenous foot wounds that harried providers elsewhere brushed off as athlete’s foot. Rates of diabetic ketoacidosis, a life-threatening complication that occurs when insulin levels are so low that cells can no longer convert glucose into energy, were three times that of the rest of Los Angeles County.

For many, care arrived too late to prevent one of the disease’s most serious complications: amputation.

Nerve damage means a blister or pebble in the shoe can go unnoticed until it creates a serious wound. High blood sugar impairs immune function and narrows vessels that carry oxygen-rich blood, making it harder for skin to heal. Once serious infection sets in, amputating a foot or limb may be the only option to save a patient’s life. Across the U.S., diabetes complications are responsible for roughly 80% of all non-trauma related amputations, according to the Centers for Disease Control and Prevention.

Broaching amputation with a patient “is really tough,” Cardenas said. “You’re taking such a big part of them away. It’s identity, it’s confidence, it’s [the] ability to walk and do things for themselves. It’s a huge, huge thing.”

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It’s also costly. Diabetes cost $306.6 billion in U.S. direct medical spending in 2022, the most recent year for which numbers are available, and foot ulcer-related issues were responsible for about one-third of that, said Dr. David G. Armstrong, director of USC’s limb preservation program and the Southwestern Academic Limb Salvage Alliance.

Indirect costs are also steep. One study of post-surgery outcomes found that only about one-third of patients were able to return to work after the amputation surgery, despite an average age of 54.

“The economic ramifications aren’t just the fact that you’re not working. It’s also that people in your family are taking off of work to be able to help accommodate this, or having to provide extra resources that they previously weren’t having to, so it has sort of a multi-generational effect,” said Dr. Caitlin Hicks, a vascular surgeon and director of research at Johns Hopkins University’s Multidisciplinary Diabetic Foot and Wound Clinic.

In California, the households most likely to bear that cost are those that can least afford it.

Diabetic residents in MLK’s service area and other economically impoverished parts of California were more than 10 times more likely to have a toe, foot or leg amputated than diabetic people in more affluent areas, according to one 2014 UCLA study.

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“The finding that residents living in lower income areas bear a disproportionate share of disability and disfigurement from amputations is deeply disturbing in a society that espouses equality and outspends all other nations on health care for its more affluent citizens,” the paper’s authors wrote.

It was a problem MLK decided to do something about.

A health worker in a white lab coat talks with a patient.

Clinical Nutrition Manager Jackie Juarez, left, chats with Claudette Meeks, a member of the community and a hospital patient, following a cooking class at MLK Community Hospital.

(Christina House / Los Angeles Times)

The hospital secured a $2 million grant from the Good Hope Medical Foundation, a private foundation based in Pasadena, with additional funding from the Rose Hills Foundation and L.A. Care Health Plan.

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In October 2021, it began officially enrolling patients in its Diabetes Management Center of Excellence. Within this was an intensive-management program for a subset of high-risk patients, including those with Type 1 diabetes, gestational diabetes or hemoglobin A1C levels — an indicator of blood sugar — at 9.0% or more. (For people without diabetes, a level below 5.7% is considered normal.)

For the most part, the system already had the endocrinologists, nephrologists and primary care physicians it needed. The money let MLK build a network of dedicated support staff who could take care of diabetic patients outside the exam room.

Between visits, patients in the intensive-management program had access to a clinical care pharmacist who reviewed and coordinated medications; a diabetes educator who walked them through blood sugar monitoring, meal planning and other daily concerns; community health workers who could make home visits; and a nurse care manager who served as their primary advocate and point of contact.

Through the hospital’s Recipes for Health program, they could pick up weekly bundles of fresh produce and take bimonthly classes on diabetic-friendly recipes.

They were more likely to stick to their treatment plan, and had more time at doctor visits to discuss medical issues.

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A man holds a slice of cake on a plate.

Diabetes patient Jose Magallanes tries a cheesecake during a cooking class at MLK Community Hospital.

(Christina House / Los Angeles Times)

“We have multiple people reaching out and interacting with the patients in between physician visits,” said MLK endocrinologist Dr. Megan Jacobs. “They have someone reaching out to them [and] talking to them about the social aspects of things — how they have to take into account their diabetes when they go out to dinner and when they’re at a party.”

By year three, 66% of patients in the intensive-management program had lower blood sugar levels than they did at enrollment; by the fourth year, 81% did. In the third year 63% of patients had brought their blood pressure under control, rising to 71% the following year.

Four years after the program started, appointment compliance hit 84%, up from 50% at baseline. The hospital’s most severely diabetic patients were hospitalized for diabetes at less than half the rate of the area’s general population.

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Most significantly, amputations among the intensive-management group dropped to virtually zero.

Over the course of four years, only one of the 1,165 patients in the high-risk group required an amputation. The surgery took place less than a month after their enrollment, indicating they likely entered the program with a wound at critical levels.

Diabetic-related amputations and wound care are now MLK’s third-most common type of surgical procedures, after holding the top spot since the hospital’s 2015 opening.

“This is absolutely, positively spectacular,” USC’s Armstrong said of MLK’s results. “This is life affirming stuff.”

The primary grant ends next year. After that, the program’s future is uncertain.

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MLK is eligible to reapply to the Good Hope Medical Foundation, which has been “very happy” with the program’s outcomes, said Howard A. Kahn, the foundation’s chair.

The hospital is also talking to L.A. Care, the largest publicly operated health plan in the U.S., about a potential partnership, Reyno said. It could be a win for both sides.

“The benefit of cost savings usually goes to the state Medicaid plan or to the insurance carrier, who doesn’t have as high a cost to pay,” Reyno said. “If a program like this could be replicated in other safety net communities and have a wider impact, then certainly the return on investment would be even greater.”

Care providers also said they see improvements the data doesn’t capture.

“I hear [patients] say, ‘Oh, I walked to the park with my grandchildren,’ or ‘I was able to move around because I’ve lost the weight’ … maybe they had a sore on their foot that was kind of questionable, [and] ‘Now it’s healed because my sugars are under control,” said nurse care manager Monica Garcia. “Just seeing the benefits when they are compliant is the satisfaction.”

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Back at the clinic office in East Compton — the shoe issue set aside for now — Cardenas examined Caldwell’s feet and lower limbs.

The doctor was optimistic that Caldwell’s recent discomfort came from tight muscles, rather than nerve damage, and recommended a stretching and strengthening regimen.

“It shouldn’t be painful, just like a tug,” he said, demonstrating a standing calf stretch. “If you like, I can refer you to physical therapy as well.”

Having providers take the time to explain her disease, rather than just scribbling out prescriptions, has made a world of difference for Caldwell, she said.

“It’s an awesome experience. I’ve changed my eating habits, I’m learning to read labels more clearly,” she said. “Even at my age, you think you know, but you don’t know.”

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NorCal braces for dry, dangerous fire season as SoCal faces typical conditions

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NorCal braces for dry, dangerous fire season as SoCal faces typical conditions

Southern California’s top fire officials met behind closed doors in East Los Angeles Friday to discuss the outlook for this year’s peak fire season and how to coordinate the region’s world-class firefighters to keep communities safe.

At a press conference afterward, officials stressed that even though coastal Southern California is not expected to have an exceptionally dangerous fire season, they are doing everything they can to protect Californians. They urged residents to do the same.

“It is clear that wildfires are no longer solely a fire-service problem. They are an all-of-us problem,” said Orange County Fire Authority Interim Chief T.J. McGovern, standing in front of a suite of emergency response vehicles at L.A. County Fire Department’s headquarters. “They can only be mitigated by all of us working together.”

Coastal Southern California, which had the third-wettest season in record within the last 15 years, can expect a typical wildfire season, fire weather analysts predict. That’s in sharp contrast to Northern California, which saw a record-breaking March heat wave melt mountain snowpack early. Fire officials typically rely on the snowpack to keep vegetation green and moist into summer.

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“The interesting thing about last year is that it was the southern half of the state that was significantly drier,” said Cal Fire Director Joe Tyler at a wildfire season outlook briefing last month. This year, he said, “we’re seeing that critical condition really spreading across Northern California.”

Coastal Southern California must still endure a particularly dry June before reaching typical conditions July through September — and even “typical” conditions remain dangerous, which is why officials urged Southern Californians Friday to remain vigilant.

A series of fires mid-May served as a warning shot for the region. The Sandy fire in Ventura County destroyed one home and damaged two more structures. The Santa Rosa Island fire burned through a third of the second-largest Channel island.

Officials at Friday’s Southern California meeting urged homeowners to do what they can to harden their homes against wildfire — including covering vents with mesh to prevent embers from entering the home and using multi-paned tempered windows that are less likely to shatter in extreme heat.

They also asked homeowners to maintain defensible space around homes by clearing dead vegetation in their yards, making sure there is space between shrubs and trees and creating a 5-foot buffer around homes with nothing combustible, including plants.

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Homeowners should also make sure they’re signed up for evacuation alerts from their local fire department, the chiefs added, and should not hesitate to evacuate at the sight or smell of smoke — regardless of whether an official evacuation has been ordered.

As for their part, Southern California fire departments have been working to thin out hazardous vegetation surrounding communities and remain at the ready to respond to fires.

“We will show up. We show up every time, across every jurisdiction … That’s not a question,” said Los Angeles City Fire Department Chief Jaime Moore. However, without defensible space at individual homes, it is “very difficult for us to be able to combat those fires.”

The Los Angeles and Ventura county fire departments have been working to remove flammable vegetation surrounding communities in the Santa Monica Mountains with fire department crews, goats and prescribed fire. The U.S. Forest Service has been doing similar work in the San Gabriel Mountains.

The crews are working to create a network of vegetation-free pathways, called fuel breaks, that can slow fires and give firefighters strategic access to wildlands to combat blazes. They are also working to remove particularly flammable invasive grasses.

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“As we share our preparation to defend communities and build wildfire resilience, it’s a call to action,” Angeles National Forest Fire Chief Robert Garcia said. “It’s now a shift to individual homeowners and communities to start leveraging some of that work that your agencies are doing.”

While this kind of landscape-wide work has significantly increased in the state over the past five years, California is running out of money to complete such projects.

Meanwhile, the U.S. Forest Service saw a decrease in how much work it could complete after the Trump administration significantly reduced the size of the service’s workforce.

Neither the state’s funding woes nor the shrinking of the federal workforce are expected to impact firefighting ability.

“It is absolutely as strong as ever,” Tyler said last month of the federal and state government’s ability to respond to fires.

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