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California passed a new fire safety law more than four years ago. It still isn’t in force.

For more than four years, California has had a law on the books meant to protect homes and buildings during an urban firestorm like the Palisade and Eaton fires. But it’s never gone into effect.
In theory, the policy was simple. It directed state officials to develop new rules for buildings in areas with high fire risk, which would govern what people were allowed to put within the five-foot perimeter immediately surrounding their homes. A large body of evidence shows that clearing this area, known in the fire mitigation world as “zone zero,” of combustible materials can be the difference between a building that alights during a wildfire and one that can weather the blaze.
The new rules — essentially just a list of items allowed in that five-foot zone — were due two years ago, by January 1, 2023. But the State Board of Forestry and Fire Protection has yet to begin a formal rulemaking process. Ask anyone who’s been following this thread what’s taking so long, and they’ll almost certainly point to one thing: politics.
“There’s a ton of science about what to do, but the science has run into challenges with social acceptance, and therefore political acceptance,” Michael Wara, director of Stanford University’s Climate and Energy Policy Program, told me. People do not want to be told how they can or can’t landscape or furnish or otherwise adorn the outside of their homes. Inevitably, when the rules do come out, you’ll hear about Gavin Newsom coming to take away people’s decks and policing gardens.
No one thinks that zone zero rules, if enacted and adhered to, could have prevented fires in the Pacific Palisades or Altadena or saved every structure in the recent fires’ path. But alongside other fire mitigation strategies, zone zero design can significantly lower the chances of a given building burning, and therefore the chances that a fire will spread to neighboring buildings, and ultimately reduce the risk of fires becoming compounding, devastating disasters. Wara likened it to car safety rules like seatbelts and airbags — people still die in car accidents, but far fewer than would otherwise.
The question now is whether the record-breaking destruction in Los Angeles will be enough to convince people that zone zero rules are effective and worthwhile. Past experience shows the answer is not an obvious yes.
There are three ways buildings ignite during a wildfire, Yana Valachovic, a forest scientist with the University of California Agriculture and Natural Resources Fire Network who specializes in community resilience and the built environment, told me. They are either exposed to burning embers, direct flames, or radiant heat, though most often a combination.
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Embers — hot, hard debris of burned material from a fire — can be carried miles away from their origin by the wind and create new spot fires next to homes. “What happens with those embers is they get thrown at the building, they hit the walls, the siding, and then drop to the base and collect at the base,” Valachovic said, “so you can have not just one, but thousands of embers at the base of our structures.”
Embers can also penetrate buildings through open windows and ventilation systems. If radiant heat from nearby burning structures causes windows to shatter or fall out, that can also create new vectors for embers to enter the home. “Embers find their way,” Valachovic said.
Fire mitigation experts promote two strategies for reducing vulnerability, and they go hand in hand. The first is home hardening, which could mean building with fire-resistant materials but also includes smaller but effective actions like covering air vents with fine mesh screens and sealing gaps to try to block embers. The second is creating so-called “defensible space,” or a buffer around the building, where any vegetation is carefully selected and managed to slow the spread of fire to and from the building. California divides defensible space into three different zones: Zone one extends from 5 feet away from the structure to 30 feet, and zone two goes out to 100 feet away. Then, of course, there’s zone zero.
The state has had regulations on the books to require at least 30 feet of defensible space in high-risk areas since 1965, and it updated the standards to establish a two-zone system in 2006. In both cases, the rules were “really framed around, how do you interrupt flames running at the building?” said Valachovic. The regulations included thinning trees and removing lower branches, clearing some trees that were closer to homes, clearing dead wood and litter, and pruning branches that hang over buildings. But they still allowed for vegetation right up against the house.
Since then, wildfire post-mortems have found that this scenario of flames burning a path to a building is not a primary driver of structure loss. “It was missing the point,” Valachovic told me of the previous rule structure. “What we’ve seen now for the last decade is that embers are really driving our home loss issue, and so we’re basically allowing all this vegetation and combustible material to be present in the zone that is really very vulnerable.”
In August 2020, after Governor Gavin Newsom declared a state of emergency in California due to an explosion of wildfires, the state legislature passed AB 3074, which finally sought to bridge the gap by creating a new, “ember-resistant zone” — zone zero. Had the rules been implemented under the timeline mandated by the law, new homes would have had to comply beginning in 2023, and existing homes would have had to comply beginning in 2024. Like the earlier defensible space rules, they would have applied to homes located in parts of the state designated as Fire Hazard Severity Zones. These are generally areas that you might think of as the “wildland-urban interface,” where homes abut wildland vegetation like forests or scrublands, but others extend into more urban areas. Almost all of the burned area in the Pacific Palisades, for instance, would have been subject to the rules, while only a small portion of the homes in Altadena are in the zone.
When I reached out to the California Natural Resources Agency, the umbrella group for both the Board of Forestry and Fire Protection and CalFire, to ask if there was an updated timeline for the regulations, one of the first things that Tony Andersen, the Deputy Secretary for Communications, told me, was not about the timeline but about the ultimate cost of compliance.
“We recognize there are costs associated with doing this work around homes and structures,” Andersen told me via email, “and we are focused on identifying options for financial assistance as well as education and outreach to help owners prepare and prioritize mitigations.” He then noted that the rulemaking was a “complex process” that the agency wanted to get right, and said it aimed to present a draft proposal to the Board “as soon as is feasible, most likely in the coming months.”
Andersen’s response illustrates one of several tensions that have made it difficult to write the zone zero rules — and will ultimately make them difficult to implement. If the rules say you can’t have a wooden deck, for example, or you can’t have a fence that touches the building, homeowners could face costly retrofits. And despite witnessing the horror of destructive wildfires, many homeowners don’t want to switch their wooden fence for a metal one, or replace their bushes with gravel.
Five feet might sound like a negligible amount of space, but people are attached to the aesthetics of this zone. Homeowners have become used to “softening” the line where the walls meet the ground by filling it in with vegetation, Valachovic told me. “We really developed this idea that we don’t visually want to see our foundations,” she said. “From a fire defense perspective, this idea that we have combustible material basically ringing our houses and our structures, that is problematic.”
Several people I interviewed for this story asked if I had seen a documentary about the aftermath of the 2018 Camp Fire in Paradise, California called Bring Your Own Brigade. The film captures a series of city council meetings in 2019, when officials were considering updating local building standards. They weigh a number of ideas that would reduce the risk of embers collecting on top of, inside, or next to homes, including eliminating gutters and requiring roof overhangs and a five-foot setback for any combustible material.
At the time, the Camp Fire was the deadliest and most destructive wildfire in state history, killing 85 people, displacing more than 50,000, and destroying more than 18,000 structures. But during a public hearing, community members lashed out at the potential cost, warned that new standards would prevent displaced residents from moving back, and decried the aesthetic implications.
“Paradise is an individualistic town,” one person says. “That’s part of the charm and the quirkiness. We don’t need consistency and uniformity.”
In another scene, a city councilmember asks Paradise Fire Chief John Messina to narrow down the list to just one rule that would make the community more fire resistant. “That five-foot barrier around your house is extremely important,” he replies. “That would be the No. 1 thing out of all of this that I would say would defend your home the best and have the most impact.” Shortly after, the council votes down the measure.
Michael Wara, who recalled the scene to me over the phone, said a similar thing happened when the fire chief in his community in Mill Valley tried to get the city council to adopt zone zero rules. “The word got out in the community that this crazy fire chief was going to make us rip up our front yards,” he said. When the council convened for a vote, more than a thousand people showed up to oppose it. The council ended up passing it as a voluntary measure.
To Wara, part of the problem is the language used to communicate these ideas with the public. “Zone zero” and “hardening” conjure a bunker mentality, he said. “I do not want my family to live in a bunker that is hardened to attack. I want my family to live in a home that is welcoming.”
He also thinks the state can reach a compromise, like allowing succulents and other fire-resistant greenery in zone zero. The rules don’t have to turn these areas into gravel and concrete wastelands to be effective.

The Los Angeles County Fire Department recently included photos in a notice to homeowners about defensible space rules and the upcoming zone zero regulations that illustrate how landscapes might strike that balance. The images feature stone walkways immediately next to homes, followed by raised beds made of metal and concrete containing attractive landscaping. Not quite “quirky” and “charming,” but far from a barren dystopia.
Despite the delay in implementing zone zero, California has tried to pitch it as part of a strategy to solve the state’s insurance crisis. In 2022, Insurance Commissioner Ricardo Lara enacted new rules requiring insurance companies to provide discounts to homeowners who do home hardening retrofits and create defensible space.
“That’s terrific,” Dave Jones, the director of the Climate Risk Initiative at the University of California, Berkeley, and Lara’s predecessor as insurance commissioner, told me. “But you don’t get the discount if they won’t write you the insurance.”
Jones said the bigger issue is that the models insurance companies use to decide whether or not to write a policy do not account for fire mitigation efforts. A homeowner could take every action on the list for home hardening, create a zone zero, live in a community that’s investing in aggressive fuels reduction, and so on, and insurance companies could still deny them coverage. Last year, Jones wrote a bill that would have required companies to change the models they use to determine coverage to account for mitigation. Several insurance industry trade groups opposed the bill, arguing that it was “premature and impossible to implement given the real-world data constraints,” and that it was “inconsistent” with the state’s efforts to “restore a healthy and competitive insurance market.” It didn’t pass.
If following zone zero guidelines meant having a shot at getting insurance, maybe people would be more open to doing it, Jones argued to me. But as things stand, that’s not the case. “I don’t think the failure is so much in the state developing the standards as it is in the lack of political courage to stand up to the insurance industry and say, hey, look, enough is enough. We’re going to pass a law to require your models to account for this.”
This past year, the California legislature passed a law giving existing homes three years, instead of just one, to comply with zone zero rules once they are finalized, whenever that is. And if the regulations are finalized this year, it’s possible that some of the rebuilt structures in the Pacific Palisades and Altadena will have to meet them.
Ultimately, Valachovic sees hope in fire mitigation work. The narrative that climate change is driving these destructive wildfires can make people feel helpless. But there are so many low-cost, simple things people can do to reduce their exposure. “I just feel like we have a moral imperative to share practical, reasonable actions that people can take to make a difference, and to know that with that, the odds improve substantially.”
Editor’s note: This story has been updated to clarify the role of the California Natural Resources Agency in the rulemaking process.
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And more of the week’s top news around development conflicts.
1. Benton County, Washington – The bellwether for Trump’s apparent freeze on new wind might just be a single project in Washington State: the Horse Heaven wind farm.
2. Box Elder County, Utah – The big data center fight of the week was the Kevin O’Leary-backed project in the middle of the Utah desert. But what actually happened?
3. Durham County, North Carolina – While the Shark Tank data center sucked up media oxygen, a more consequential fight for digital infrastructure is roiling in one of the largest cities in the Tar Heel State.
4. Richland County, Ohio – We close Hotspots on the longshot bid to overturn a renewable energy ban in this deeply MAGA county, which predictably failed.
A conversation with Nick Loris of C3 Solutions
This week’s conversation is with Nick Loris, head of the conservative policy organization C3 Solutions. I wanted to chat with Loris about how he and others in the so-called “eco right” are approaching the data center boom. For years, groups like C3 have occupied a mercurial, influential space in energy policy – their ideas and proposals can filter out into Congress and state legislation while shaping the perspectives of Republican politicians who want to seem on the cutting edge of energy and the environment. That’s why I took note when in late April, Loris and other right-wing energy wonks dropped a set of “consumer-first” proposals on transmission permitting reform geared toward addressing energy demand rising from data center development. So I’m glad Loris was available to lay out his thoughts with me for the newsletter this week.
The following conversation was lightly edited for clarity.
How is the eco right approaching permitting reform in the data center boom?
I would say the eco-right broadly speaking is thinking of the data center and load growth broadly as a tremendous and very real opportunity to advance permitting and regulatory reforms at the federal and state level that would enable the generation and linear infrastructure – transmission lines or pipelines – to meet the demand we’re going to see. Not just for hyperscalers and data centers but the needs of the economy. It also sees this as an opportunity to advance tech-neutral reforms where if it makes sense for data centers to get power from virtual power plants, solar, and storage, natural gas, or co-locate and invest in an advanced reactor, all options should be on the table. Fundamentally speaking, if data centers are going to pay for that infrastructure, it brings even greater opportunity to reduce the cost of these technologies. Data centers being a first mover and needing the power as fast as possible could be really helpful for taking that step to get technologies that have a price premium, too.
When it comes to permitting, how important is permitting with respect to “speed-to-power”? What ideas do you support given the rush to build, keeping in mind the environmental protection aspect?
You don’t build without sufficient protections to air quality, water quality, public health, and safety in that regard.
Where I see the fundamental need for permitting reform is, take a look at all the environmental statutes at the federal level and analyze where they’re needing an update and modernization to maintain rigorous environmental standards but build at a more efficient pace. I know the National Environmental Policy Act and the House bill, the SPEED Act, have gotten lots of attention and deservedly so. But also it’s taking a look at things like the Clean Water Act, when states can abuse authority to block pipelines or transmission lines, or the Endangered Species Act, where litigation can drag on for a lot of these projects.
Are there any examples out there of your ideal permitting preferences, prioritizing speed-to-power while protecting the environment? Or is this all so new we’re still in the idea phase?
It’s a little bit of both. For example, there are some states with what’s called a permit-by-rule system. That means you get the permit as long as you meet the environmental standards in place. You have to be in compliance with all the environmental laws on the books but they’ll let them do this as long as they’re monitored, making sure the compliance is legitimate.
One of the structural challenges with some state laws and federal laws is they’re more procedural statutes and a mother may I? approach to permitting. Other statutes just say they’ll enforce rules and regulations on the books but just let companies build projects. Then look at a state like Texas, where they allow more permits rather quickly for all kinds of energy projects. They’ve been pretty efficient at building everything from solar and storage to oil and gas operations.
I think there’s just many different models. Are we early in the stages? There’s a tremendous amount of ideas and opportunities out there. Everything from speeding up interconnection queues to consumer regulated electricity, which is kind of a bring-your-own-power type of solution where companies don’t have to answer or respond to utilities.
It sounds like from your perspective you want to see a permitting pace that allows speed-to-power while protecting the environment.
Yeah, that’s correct. I mean, in the case of a natural gas turbine, if they’re in compliance with the regulations at the state and federal level I don’t have an issue with that. I more so have an issue if they’re disregarding rules at the federal or state level.
We know data centers can be built quickly and we know energy infrastructure cannot. I don’t know if they’ll ever get on par with one another but I do think there are tremendous opportunities to make those processes more efficient. Not just for data centers but to address the cost concerns Americans are seeing across the board.
Do you think the data center boom is going to lead to lots more permitting reform being enacted? Or will the backlash to new projects stop all that?
I think the fundamental driver of permitting reform will be higher energy prices and we’ll need more supply to have more reliability. You just saw NERC put out a level 3 warning about the stability of the grid, driven by data centers. People really pay attention to this when prices are rising.
Will data centers help or hurt the cause? I think that remains to be seen. If there’s opportunities for data centers to pay for infrastructure, including what they’re using, there are areas where projects have been good partners in communities. If they’re the ones taking the opportunity to invest, and they can ensure ratepayers won’t be footing the bill for the power infrastructure, I think they’ll be more of an asset for permitting reform than a harm.
The general public angst against data centers is – trying to think of the right word here – a visceral reaction. It snowballed on itself. Hopefully there’s a bit of an opportunity for a reset and broader understanding of what legitimate concerns are and where we can have better education.
And I’m certainly not shilling for the data centers. I’m here to say they can be good partners and allies in meeting our energy needs.
I’m wondering from your vantage point, what are you hearing from the companies themselves? Is it about a need to build faster? What are they telling you about the backlash to their projects?
When I talk to industry, speed-to-power has been their number one two and three concern. That is slightly shifting because of the growing angst about data centers. Even a few years ago, when developers were engaging with state legislatures, they were hearing more questions than answers. But it’s mostly about how companies can connect to the grid as fast as possible, or whether they can co-locate energy.
Okay, but going back to what you just said about the backlash here. As this becomes more salient, including in Republican circles, is the trendline for the eco-right getting things built faster or tackling these concerns head on?
To me it's a yes, and.
I would broaden this out to be not just the eco right but also Abundance progressives, Abundance conservatives, and libertarians. We need to address these issues head on – with better education, better community engagement. Make sure people know what is getting built. I mean, the Abundance movement as a whole is trying to address those systemic problems.
It’s also an opportunity for the necessary policy reform that has plagued energy development in the U.S. for decades. I see this from an eco right perspective and an abundance progressive perspective that it's an opportunity to say why energy development matters. For families, for the entire U.S. energy economy, and for these hyperscalers.
But if you don’t win in the court of public opinion, none of this is going to matter. We do need to listen to the communities. It’s not an either or here.
And future administrations will learn from his extrajudicial success.
President Donald Trump is now effectively blocking any new wind projects in the United States, according to the main renewables trade group, using the federal government’s power over all things air and sky to grind a routine approval process to a screeching halt.
So far, almost everything Trump has done to target the wind energy sector has been defeated in court. His Day 1 executive order against the wind industry was found unconstitutional. Each of his stop work orders trying to shut down wind farms were overruled. Numerous moves by his Interior Department were ruled illegal.
However, since the early days of Trump 2.0, renewable energy industry insiders have been quietly skittish about a potential secret weapon: the Federal Aviation Administration. Any structure taller than 200 feet must be approved to not endanger commercial planes – that’s an FAA job. If the FAA decided to indefinitely seize up the so-called “no hazard” determinations process, legal and policy experts have told me it would potentially pose an existential risk to all future wind development.
Well, this is now the strategy Trump is apparently taking. Over the weekend, news broke that the Defense Department is refusing to sign off on things required to complete the FAA clearance process. From what I’ve heard from industry insiders, including at the American Clean Power Association, the issues started last summer but were limited in scale, primarily impacting projects that may have required some sort of deal to mitigate potential impacts on radar or other military functions.
Over the past few weeks, according to ACP, this once-routine process has fully deteriorated and companies are operating with the understanding FAA approvals are on pause because the Department of Defense (or War, if you ask the administration) refuses to sign off on anything. The military is given the authority to weigh in and veto these decisions through a siting clearinghouse process established under federal statute. But the trade group told me this standstill includes projects where there are no obvious impacts to military operations, meaning there aren’t even any bases or defense-related structures nearby.
One energy industry lawyer who requested anonymity to speak candidly on the FAA problems told me, “This is the strategy for how you kill an industry while losing every case: just keep coming at the industry. Create an uninvestable climate and let the chips fall where they may.”
I heard the same from Tony Irish, a former career attorney for the Interior Department, including under Trump 1.0, who told me he essentially agreed with that attorney’s assessment.
“One of the major shames of the last 15 months is this loss of the presumption of regularity,” Irish told me. “This underscores a challenge with our legal system. They can find ways to avoid courts altogether – and it demonstrates a unilateral desire to achieve an end regardless of the legality of it, just using brute force.”
In a statement to me, the Pentagon confirmed its siting clearinghouse “is actively evaluating land-based wind projects to ensure they do not impair national security or military operations, in accordance with statutory and regulatory requirements.” The FAA declined to comment on whether the country is now essentially banning any new wind projects and directed me to the White House. Then in an email, White House deputy press secretary Anna Kelly told me the Pentagon statement “does not ‘confirm’” the country instituted a de facto ban on new wind projects. Kelly did not respond to a follow up question asking for clarification on the administration’s position.
Faced with a cataclysmic scenario, the renewable energy industry decided to step up to the bully pulpit. The American Clean Power Association sent statements to the Financial Times, The New York Times and me confirming that at least 165 wind projects are now being stalled by the FAA determination process, representing about 30 gigawatts of potential electricity generation. This also apparently includes projects that negotiated agreements with the government to mitigate any impacts to military activities. The trade group also provided me with a statement from its CEO Jason Grumet accusing the Trump administration of “actively driving the debate” over federal permitting “into the ditch by abusing the current permitting system” – a potential signal for Democrats in Congress to raise hell over this.
Indeed, on permitting reform, the Trump team may have kicked a hornet’s nest. Senate Energy and Natural Resources Ranking Member Martin Heinrich – a key player in congressional permitting reform talks – told me in a statement that by effectively blocking all new wind projects, the Trump administration “undercuts their credibility and bipartisan permitting reform.” California Democratic Rep. Mike Levin said in an interview Tuesday that this incident means Heinrich and others negotiating any federal permitting deal “should be cautious in how we trust but verify.”
But at this point, permitting reform drama will do little to restore faith that the U.S. legal and regulatory regime can withstand such profound politicization of one type of energy. There is no easy legal remedy to these aerospace problems; none of the previous litigation against Trump’s attacks on wind addressed the FAA, and as far as we know the military has not in its correspondence with energy developers cited any of the regulatory or policy documents that were challenged in court.
Actions like these have consequences for future foreign investment in U.S. energy development. Last August, after the Transportation Department directed the FAA to review wind farms to make sure they weren’t “a danger to aviation,” government affairs staff for a major global renewables developer advised the company to move away from wind in the U.S. market because until the potential FAA issues were litigated it would be “likely impossible to move forward with construction of any new wind projects.” I am aware this company has since moved away from actively developing wind projects in the U.S. where they had previously made major investments as recently as 2024.
Where does this leave us? I believe the wind industry offers a lesson for any developers of large, politically controversial infrastructure – including data centers. Should the federal government wish to make your business uninvestable, it absolutely will do so and the courts cannot stop them.