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Leaked memo reveals California debated cutting wildfire soil testing before disaster chief’s exit

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Leaked memo reveals California debated cutting wildfire soil testing before disaster chief’s exit

California Gov. Gavin Newsom’s disaster chief quietly retired in late December amid criticism over the state’s indecisive stance on whether soil testing was necessary to protect survivors of the Eaton and Palisades fires.

One year ago, Nancy Ward, then the director of the California Governor’s Office of Emergency Services (Cal OES), petitioned the Federal Emergency Management Agency to spearhead the cleanup of toxic ash and fire debris cloaking more than 12,000 homes across Los Angeles County.

Although Ward’s decision ensured the federal government would assume the bulk of disaster costs, it came with a major trade off. FEMA was unwilling to pay for soil sampling to confirm these homes weren’t still heavily contaminated with toxic substances after the cleanup — testing that California state agencies have typically done following similar fires in the past.

Following intense backlash from fire survivors and California lawmakers, Ward pleaded with FEMA to reconsider its soil-testing stance, writing in a Feb. 19 letter that it is “critical to protect public health” and “ensure that survivors can safely return to their homes.” Her request was denied.

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However, in October, Cal OES — under Ward’s leadership — privately considered discontinuing state funding for soil testing in the aftermath of future wildfires, according to a confidential, internal draft memo obtained by the Los Angeles Times.

The Times requested an interview with Ward, and sent questions to her office asking about her initial decision to forgo soil testing and for clarity on the future of state’s fire recovery policy. Ward declined the request; The Times later published an article on Dec. 29 about allegations that federal contractors illegally dumped toxic ash and misused contaminated soil in breach of state policy.

Ward, who served as Cal OES director for three years, retired on Dec. 30; her deputy director, Christina Curry, stepped into the role as the interim chief. Ward also did not respond to several requests for comment for this article.

Ward was the first woman to serve as Cal OES director. She had also previously served as a FEMA regional administrator, overseeing federal disaster response in the Southwest and Pacific Islands from 2006 to 2014.

A Cal OES spokesperson said Ward’s retirement had been planned well in advance.

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“Director Nancy Ward has been a steady hand and a compassionate leader through some of California’s largest disasters,” the spokesperson said. “Her decades of service have made our state stronger, safer, and more resilient. The Governor is deeply grateful for her dedication and wishes her the very best in retirement.”

The internal memo obtained by The Times was written by Ward’s assistant director, and titled: “Should the state continue to pay for soil testing as part of Private Property Debris Removal (PPDR) programs? ”

It laid out three possible answers: The state could keep funding soil testing after future wildfires; the state could defer soil testing decisions to the affected counties with the possibility of reimbursing them; or the state could stop paying for soil testing entirely.

A Cal OES spokesperson said the memo was only a draft and did not represent a policy change. “The state’s position on soil testing remains unchanged,” the spokesperson said. “California is committed to advocating for the safe, timely removal of wildfire debris. Protecting the public health and well-being of impacted communities remains the state’s foremost priority.”

The primary reason for soil testing is to prevent harmful exposures to toxic metals, such as brain-damaging lead or cancer-causing arsenic. Since 2007, comprehensive soil testing has been conducted after 64 wildfire cleanups in California, according to the memo. When soil contamination still exceeded state benchmarks after the initial cleanup, the state government redeployed cleanup workers to remove more dirt and then retest the properties.

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This approach, the memo said, was critical in identifying harmful substances that “pose exposure hazards via ingestion, inhalation of dust, or through garden/food production.” Soil testing “helps ensure the safety” of children, seniors, pregnant women and people with health issues who are “more vulnerable to soilborne toxins.”

“The State has a long precedent of conducting or paying for soil testing,” the Cal OES assistant director wrote in the memo.  “Pivoting from this would be a significant policy change.”

The memo cites a report from CalRecycle, the agency that has historically carried out state-led fire cleanups, that stresses the importance of the current practice to public health.

“Soil contamination after a wildfire is an invisible threat,” wrote a CalRecycle official. “If not properly cleaned and remediated in a methodical way, property owners may encounter additional hurdles during the rebuilding process and suffer additional trauma.”

“Soil sampling,” the official adds, “is the metric by which Recyclable demonstrates that debris removal operations have successfully remediated the post-disaster threat to public health and the environment.”

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However, such soil testing and additional cleanup prolongs the cleanup timeline and can make it more expensive. The memo cites cost estimates from CalRecycle which show that soil testing and additional cleanup work usually costs some $4,000 to $6,000 per parcel, representing 3% to 6% of overall debris removal costs.

The state cost projections align with those made by independent environmental experts. Andrews Whelton, a Purdue University professor who researches natural disasters, estimated that soil testing and further remediation for the Eaton and Palisades fire would cost between $40 million to $70 million.

All told, the CalRecycle report states the usual soil-testing process has been a “relatively low-cost step” to safeguard public health.

Further, although soil testing may add some cost, when it’s taken as a proactive measure, it can save money down the road.

Forgoing soil testing and evidence-backed remediation can generate uncertainty about toxic contamination, which in turn could lower the value of homes in Altadena and Pacific Palisades, Whelton said. What’s more, the property owner may be liable for soil contamination if they fail to disclose environmental risks when selling or leasing.

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The internal CalOES memo alludes to this give and take: “Funds saved initially by skipping testing may be outweighed by later unseen costs, for example, reinvesting in remediation, addressing community complaints, litigation, or cleanup failure.”

The U.S. Army Corps of Engineers has fielded over 1,100 complaints filed by property owners affected by the Eaton and Palisades fires — over 20% of which were related to the quality of work. According to internal reports obtained by The Times, federal cleanup repeatedly deviated from cleanup protocols, likely spreading contamination in the process.

Since then, FEMA officials have backed down from their hard-line stance against paying for post-fire soil testing in California in an attempt to shore up public confidence in the federal cleanup.

The U.S. Environmental Protection Agency announced this week that FEMA will conduct a limited lead-testing program in the Eaton fire burn scar that is intended to “confirm the effectiveness of cleanup methods,” according to an EPA spokesperson. The initiative has already come under the scrutiny of environmental experts who say it lacks the rigor of California’s soil testing regimen.

It remains unclear if California will continue to implement soil-testing safeguards that made the state a national leader in fire recovery. Though state officials say these will remain unchanged, there is no legal mandate to follow these procedures.

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The internal CalOES memo circulated under Ward’s leadership has only added to the cloud of uncertainty.

One thing is clear: It’s a moot point for survivors of the Eaton and Palisades fire.

As state and federal officials debated the value of soil testing, most Altadena and Pacific Palisades residents have been left to investigate the extent of environmental fallout on their own.

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Diablo Canyon clears last California permit hurdle to keep running

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Diablo Canyon clears last California permit hurdle to keep running

Central Coast Water authorities approved waste discharge permits for Diablo Canyon nuclear plant Thursday, making it nearly certain it will remain running through 2030, and potentially through 2045.

The Pacific Gas & Electric-owned plant was originally supposed to shut down in 2025, but lawmakers extended that deadline by five years in 2022, fearing power shortages if a plant that provides about 9 percent the state’s electricity were to shut off.

In December, Diablo Canyon received a key permit from the California Coastal Commission through an agreement that involved PG&E giving up about 12,000 acres of nearby land for conservation in exchange for the loss of marine life caused by the plant’s operations.

Today’s 6-0 vote by the Central Coast Regional Water Board approved PG&E’s plans to limit discharges of pollutants into the water and continue to run its “once-through cooling system.” The cooling technology flushes ocean water through the plant to absorb heat and discharges it, killing what the Coastal Commission estimated to be two billion fish each year.

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The board also granted the plant a certification under the Clean Water Act, the last state regulatory hurdle the facility needed to clear before the federal Nuclear Regulatory Commission (NRC) is allowed to renew its permit through 2045.

The new regional water board permit made several changes since the last one was issued in 1990. One was a first-time limit on the chemical tributyltin-10, a toxic, internationally-banned compound added to paint to prevent organisms from growing on ship hulls.

Additional changes stemmed from a 2025 Supreme Court ruling that said if pollutant permits like this one impose specific water quality requirements, they must also specify how to meet them.

The plant’s biggest water quality impact is the heated water it discharges into the ocean, and that part of the permit remains unchanged. Radioactive waste from the plant is regulated not by the state but by the NRC.

California state law only allows the plant to remain open to 2030, but some lawmakers and regulators have already expressed interest in another extension given growing electricity demand and the plant’s role in providing carbon-free power to the grid.

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Some board members raised concerns about granting a certification that would allow the NRC to reauthorize the plant’s permits through 2045.

“There’s every reason to think the California entities responsible for making the decision about continuing operation, namely the California [Independent System Operator] and the Energy Commission, all of them are sort of leaning toward continuing to operate this facility,” said boardmember Dominic Roques. “I’d like us to be consistent with state law at least, and imply that we are consistent with ending operation at five years.”

Other board members noted that regulators could revisit the permits in five years or sooner if state and federal laws changes, and the board ultimately approved the permit.

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Deadly bird flu found in California elephant seals for the first time

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Deadly bird flu found in California elephant seals for the first time

The H5N1 bird flu virus that devastated South American elephant seal populations has been confirmed in seals at California’s Año Nuevo State Park, researchers from UC Davis and UC Santa Cruz announced Wednesday.

The virus has ravaged wild, commercial and domestic animals across the globe and was found last week in seven weaned pups. The confirmation came from the U.S. Department of Agriculture’s National Veterinary Services Laboratory in Ames, Iowa.

“This is exceptionally rapid detection of an outbreak in free-ranging marine mammals,” said Professor Christine Johnson, director of the Institute for Pandemic Insights at UC Davis’ Weill School of Veterinary Medicine. “We have most likely identified the very first cases here because of coordinated teams that have been on high alert with active surveillance for this disease for some time.”

Since last week, when researchers began noticing neurological and respoiratory signs of the disease in some animals, 30 seals have died, said Roxanne Beltran, a professor of ecology and evolutionary biology at UC Santa Cruz. Twenty-nine were weaned pups and the other was an adult male. The team has so far confirmed the virus in only seven of the dead pups.

Infected animals often have tremors convulsions, seizures and muscle weakness, Johnson said.

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Beltran said teams from UC Santa Cruz, UC Davis and California State Parks monitor the animals 260 days of the year, “including every day from December 15 to March 1” when the animals typically come ashore to breed, give birth and nurse.

The concerning behavior and deaths were first noticed Feb. 19.

“This is one of the most well-studied elephant seal colonies on the planet,” she said. “We know the seals so well that it’s very obvious to us when something is abnormal. And so my team was out that morning and we observed abnormal behaviors in seals and increased mortality that we had not seen the day before in those exact same locations. So we were very confident that we caught the beginning of this outbreak.”

In late 2022, the virus decimated southern elephant seal populations in South America and several sub-Antarctic Islands. At some colonies in Argentina, 97% of pups died, while on South Georgia Island, researchers reported a 47% decline in breeding females between 2022 and 2024. Researchers believe tens of thousands of animals died.

More than 30,000 sea lions in Peru and Chile died between 2022 and 2024. In Argentina, roughly 1,300 sea lions and fur seals perished.

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At the time, researchers were not sure why northern Pacific populations were not infected, but suspected previous or milder strains of the virus conferred some immunity.

The virus is better known in the U.S. for sweeping through the nation’s dairy herds, where it infected dozens of dairy workers, millions of cows and thousands of wild, feral and domestic mammals. It’s also been found in wild birds and killed millions of commercial chickens, geese and ducks.

Two Americans have died from the virus since 2024, and 71 have been infected. The vast majority were dairy or commercial poultry workers. One death was that of a Louisiana man who had underlying conditions and was believed to have been exposed via backyard poultry or wild birds.

Scientists at UC Santa Cruz and UC Davis increased their surveillance of the elephant seals in Año Nuevo in recent years. The catastrophic effect of the disease prompted worry that it would spread to California elephant seals, said Beltran, whose lab leads UC Santa Cruz’s northern elephant seal research program at Año Nuevo.

Johnson, the UC Davis researcher, said the team has been working with stranding networks across the Pacific region for several years — sampling the tissue of birds, elephant seals and other marine mammals. They have not seen the virus in other California marine mammals. Two previous outbreaks of bird flu in U.S. marine mammals occurred in Maine in 2022 and Washington in 2023, affecting gray and harbor seals.

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The virus in the animals has not yet been fully sequenced, so it’s unclear how the animals were exposed.

“We think the transmission is actually from dead and dying sea birds” living among the sea lions, Johnson said. “But we’ll certainly be investigating if there’s any mammal-to-mammal transmission.”

Genetic sequencing from southern elephant seal populations in Argentina suggested that version of the virus had acquired mutations that allowed it to pass between mammals.

The H5N1 virus was first detected in geese in China in 1996. Since then it has spread across the globe, reaching North America in 2021. The only continent where it has not been detected is Oceania.

Año Nuevo State Park, just north of Santa Cruz, is home to a colony of some 5,000 elephant seals during the winter breeding season. About 1,350 seals were on the beach when the outbreak began. Other large California colonies are located at Piedras Blancas and Point Reyes National Sea Shore. Most of those animals — roughly 900 — are weaned pups.

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It’s “important to keep this in context. So far, avian influenza has affected only a small proportion of the weaned at this time, and there are still thousands of apparently healthy animals in the population,” Beltran said in a press conference.

Public access to the park has been closed and guided elephant seal tours canceled.

Health and wildlife officials urge beachgoers to keep a safe distance from wildlife and keep dogs leashed because the virus is contagious.

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When slowing down can save a life: Training L.A. law enforcement to understand autism

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When slowing down can save a life: Training L.A. law enforcement to understand autism

Kate Movius moved among a roomful of Los Angeles County sheriff’s deputies, passing out a pop trivia quiz and paper prism glasses.

She told them to put on the vision-distorting glasses, and to write with their nondominant hand. As they filled out the tests, Movius moved about the City of Industry classroom pounding abruptly on tables. Then came the cowbell. An aide flashed the overhead lights on and off at random. The goal was to help the deputies understand the feeling of sensory overwhelm, which many autistic people experience when incoming stimulation exceeds their capacity to process.

“So what can you do to assist somebody, or de-escalate somebody, or get information from someone who suffers from a sensory disorder?” Movius asked the rattled crowd afterward. “We can minimize sensory input. … That might be the difference between them being able to stay calm and them taking off.”

Movius, founder of the consultancy Autism Interaction Solutions, is one of a growing number of people around the U.S. working to teach law enforcement agencies to recognize autistic behaviors and ensure that encounters between neurodevelopmentally disabled people and law enforcement end safely.

She and City of Industry Mayor Cory Moss later passed out bags filled with tools donated by the city to aid interactions: a pair of noise-damping headphones to decrease auditory input, a whiteboard, a set of communication cards with words and images to point to, fidget toys to calm and distract.

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“The thing about autistic behavior when it comes to law enforcement is a lot of it may look suspicious, and a lot of it may feel very disrespectful,” said Movius, who is also the parent of an autistic 25-year-old man. Responding officers, she said, “are not coming in thinking, ‘Could this be a developmentally disabled person?’ I would love for them to have that in the back of their minds.”

A sheriff’s deputy reads a pamphlet on autism during the training program.

(Genaro Molina / Los Angeles Times)

Autism spectrum disorder is a developmental condition that manifests differently in nearly every person who has it. Symptoms cluster around difficulties in communication, social interaction and sensory processing.

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An autistic person stopped by police might hold the officer’s gaze intensely or not look at them at all. They may repeat a phrase from a movie, repeat the officer’s question or temporarily lose their ability to speak. They might flee.

All are common involuntary responses for an autistic person in a stressful situation, which a sudden encounter with law enforcement almost invariably is. To someone unfamiliar with the condition, all could be mistaken for intoxication, defiance or guilt.

Autism rates in the U.S. have increased nearly fivefold since the Centers for Disease Control began tracking diagnoses in 2000, a rise experts attribute to broadening diagnostic criteria and better efforts to identify children who have the condition.

The CDC now estimates that 1 in 31 U.S. 8-year-olds is autistic. In California, the rate is closer to 1 in 22 children.

As diverse as the autistic population is, people across the spectrum are more likely to be stopped by law enforcement than neurotypical peers.

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About 15% of all people in the U.S. ages 18 to 24 have been stopped by police at some point in their lives, according to federal data. While the government doesn’t track encounters for disabled people specifically, a separate study found that 20% of autistic people ages 21 to 25 have been stopped, often after a report or officer observation of a person behaving unusually.

Some of these encounters have ended in tragedy.

In 2021, Los Angeles County sheriff’s deputies shot and permanently paralyzed a deaf autistic man after family members called 911 for help getting him to a hospital.

Isaias Cervantes, 25, had become distressed about a shopping trip and started pushing his mother, his family’s attorney said at the time. He resisted as two deputies attempted to handcuff him and one of the deputies shot him, according to a county report.

In 2024, Ryan Gainer’s family called 911 for support when the 15-year-old became agitated. Responding San Bernardino County sheriff‘s deputies shot and killed him outside his Apple Valley home.

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Last year, police in Pocatello, Idaho, shot Victor Perez, 17, through a chain-link fence after the nonspeaking teenager did not heed their shouted commands. He died from his injuries in April.

Autism Interaction Solutions program in the City of Industry.

Sheriff’s deputies take a trivia quiz using their non-writing hands, while wearing vision-distorting glasses, as Kate Movius, standing left, and Industry Mayor Cory Moss, right, ring cowbells. The idea was to help them understand the sensory overwhelm some autistic people experience.

(Genaro Molina / Los Angeles Times)

As early as 2001, the FBI published a bulletin on police officers’ need to adjust their approach when interacting with autistic people.

“Officers should not interpret an autistic individual’s failure to respond to orders or questions as a lack of cooperation or as a reason for increased force,” the bulletin stated. “They also need to recognize that individuals with autism often confess to crimes that they did not commit or may respond to the last choice in a sequence presented in a question.”

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But a review of multiple studies last year by Chapman University researchers found that while up to 60% of officers have been on a call involving an autistic person, only 5% to 40% had received any training on autism.

In response, universities, nonprofits and private consultants across the U.S. have developed curricula for law enforcement on how to recognize autistic behaviors and adapt accordingly.

The primary goal, Movius told deputies at November’s training session, is to slow interactions down to the greatest extent possible. Many autistic people require additional time to process auditory input and verbal responses, particularly in unfamiliar circumstances.

If at all possible, Movius said, wait 20 seconds for a response after asking a question. It may feel unnaturally long, she acknowledged. But every additional question or instruction fired in that time — what’s your name? Did you hear me? Look at me. What’s your name? — just decreases the likelihood that a person struggling to process will be able to respond at all.

Moss’ son, Brayden, then 17, was one of several teenagers and young adults with autism who spoke or wrote statements to be read to the deputies. The diversity of their speech patterns and physical mannerisms showed the breadth of the spectrum. Some were fluently verbal, while others communicated through signs and notes.

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“This population is so diverse. It is so complicated. But if there’s anything that we can show [deputies] in here that will make them stop and think, ‘Hey, what if this is autism?’ … it is saving lives,” Moss said.

Cory Moss and Kate Movius hug

Mayor Cory Moss, left, and Kate Movius hug at the end of the training program last November. Movius started Autism Interaction Solutions after her son was born with profound autism.

(Genaro Molina / Los Angeles Times)

Some disability advocates cautioned that it takes more than isolated training sessions to ensure encounters end safely.

Judy Mark, co-founder and president of the nonprofit Disability Voices United, says she trained thousands of officers on safe autism interactions but stopped after Cervantes’ shooting. She now urges families concerned about an autistic child’s safety to call an ambulance rather than law enforcement.

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“I have significant concern about these training sessions,” Mark said. “People get comfort from it, and the Sheriff’s Department can check the box.”

While not a panacea, supporters argue that a brief course is better than no preparation at all. Some years ago, Movius received a letter from a man whose profoundly autistic son slipped away as the family loaded their car at the beach. He opened the unlocked door of a police vehicle, climbed into the back and began to flail in distress.

Though surprised, the officer seated at the wheel de-escalated the situation and helped the young man find his family, the father wrote to Movius. He had just been to her training.

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