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States are playing Whack-a-Mole against restrictive local laws.
Why don’t we build things?
Yale Law School professor David Schleicher, who studies local government and land use, has been trying to answer this question for years. While Schleicher typically writes about housing, his latest work — an essay literally called “Why Can’t We Build?” for the New York University Journal of Law and Liberty — is useful for thinking about why we don't have as much green energy infrastructure as we need. “Despite a generation of low interest rates and innovation in many non-physical realms,” he writes, “there are few physical monuments that we will pass to future generations — where are today’s Brooklyn Bridges or Hoover Dams?”
There are certainly explanations for this lack of infrastructural boldness. But more importantly, what are the reasons for it?
The explanations are often local restrictions on growth. When it comes to housing, that might mean zoning regulations that limit what kind of structures can be built where or fees that are sometimes charged to multifamily units. For renewable energy, developers of wind and solar might find themselves coming up against noise restrictions, rules that essentially require minimum amounts of land for installations, or even outright bans on certain types of generation.
But that doesn’t explain why these rules exist — the reasons why infrastructure doesn’t get built. As for these, he told me, most of them come down to the structural factors of local politics. “Statewide majorities have policy preferences” that often support development, Schleicher said. But local a body of government institutions that have been built up since the 1970s “have limited the capacity of those stated statewide preferences to be reflected in policy in many places.”
When it comes to zoning, Schleicher told me, proponents of reform “make arguments at the local level, but they’re very simply turning to the state level because the issue is larger than any individual jurisdiction.” The same goes for renewable energy.
If you ask people across an entire state if they want more housing or renewable energy, they will likely say yes. But local elections — which typically have comparatively low participation and are more likely to be decided on national party lines than on local policy issues — rarely reflect this political reality. With a lack of direct checks from the electorate, interest and advocacy groups have outsize weight on local policymaking.
Local governments have a variety of structures meant to discourage growth and systematically prioritize the views of those with the time and inclination to show up to local meetings — not just those who show up to vote every two or four years. Decisionmaking on individual projects may be dominated by homeowners or local environmental groups that don’t want to see any building or change in the built environment.
Statewide policymaking, on the other hand, “can bring different interest groups to the fore,” Schleicher told me, including labor and large employers. When Michigan, for instance, passed a suite of clean energy bills in 2023 with support from labor, it allowed the state to take over permitting for large clean energy projects if the applicable local rules are too restrictive.
California, too, has passed a series of laws centralizing renewable energy permitting and limiting the appeals that advocacy groups can make to block projects, which Governor Gavin Newsom has already put to work. Earlier this year, he essentially fast-tracked a 400 megawatt solar project in Riverside County by giving opponents just nine months to petition against its approval.
In all likelihood, however, Michigan will have to pass more new laws and regulations to speed up renewable development in any meaningful way. “Realistically, one of the other things that the zoning story has taught us that may be relevant for clean energy is that it's almost never does one law do the trick,” Schleicher told me. When states have tried to boost housing production, he pointed out, it has often required several rounds of legislation to get a meaningful boost in production as local opponents of new housing adapt to new laws.
California, again, provides a helpful example. The state is in the midst of a massive building boom in so-called accessory dwelling units, a.k.a. “granny flats” or ADUs. Housing advocates in the state credit this not just to a set of bills passed in 2016 preempting certain local regulations including setbacks, some parking requirements, and fees for utility connections that discouraged their construction, but also to 11 more bills passed by 2022, methodically clearing out local restrictions on building, renting, and selling ADUs.
And this was just the latest chapter in the effort to encourage the building of ADUs — the first bill trying to get around local bans in California passed in 1982. Forty years later, however, there were still only 1,000 permitted ADUs in the whole state. As of 2022, the state had registered 82,000 ADUs, a fifth of all housing produced in the state that year, according to CA YIMBY, a housing advocacy group.
"The first couple times statewide ADU bills were passed, local governments would come up with other ways to stop things," Schleicher said.
Something similar has and likely will continue to happen as states try to wrest siting for renewables projects from local governments. In New York, a 1972 law the governing the siting of power plants has gone through many different iterations. This law, known as Article 10, was changed in 2010 to apply to smaller generators and therefore include renewables projects. Article 10 created a “siting board” that could permit renewables projects under a fast-track process that exempted them from environmental impact statements required by the State Environmental Quality Review Act. The Board would even be allowed to waive “unreasonably burdensome” local laws restricting renewables development.
But the new process did little to speed permitting. What was intended to be a one- to two-year process instead turned “more lengthy and challenging than originally anticipated,” according to Massachusetts Institute of Technology researchers Lawrence Susskind and Anushree Chaudari. By 2018, Columbia University professor Michael Gerrard and then Arnold & Porter partner Edward McTiernan wrote, a single project had been approved under the new system.
New York passed a new law in 2020, which included fixed timelines for review. The new process, while relatively new, has managed to get some local rules on renewable siting thrown out as “unreasonably burdensome,” and opponents to wind and solar projects have lost out in front of the new siting board.
As New York state struggles to meet its ambitious goals for decarbonization, it will likely need to reform land use and permitting regulations again, and again, and again, along with every other state.
“Remember that you’re in a long fight instead of a short one,” Schleicher told me. “One of the most important things is to be able to pass successive bills because local opponents to statewide efforts are going to adapt and change and respond.”
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Though it might not be as comprehensive or as permanent as renewables advocates have feared, it’s also “just the beginning,” the congressman said.
President-elect Donald Trump’s team is drafting an executive order to “halt offshore wind turbine activities” along the East Coast, working with the office of Republican Rep. Jeff Van Drew of New Jersey, the congressman said in a press release from his office Monday afternoon.
“This executive order is just the beginning,” Van Drew said in a statement. “We will fight tooth and nail to prevent this offshore wind catastrophe from wreaking havoc on the hardworking people who call our coastal towns home.”
The announcement indicates that some in the anti-wind space are leaving open the possibility that Trump’s much-hyped offshore wind ban may be less sweeping than initially suggested.
In its press release, Van Drew’s office said the executive order would “lay the groundwork for permanent measures against the projects,” leaving the door open to only a temporary pause on permitting new projects. The congressman had recently told New Jersey reporters that he anticipates only a six-month moratorium on offshore wind.
The release also stated that the “proposed order” is “expected to be finalized within the first few months of the administration,” which is a far cry from Trump’s promise to stop projects on Day 1. If enacted, a pause would essentially halt all U.S. offshore wind development because the sought-after stretches of national coastline are entirely within federal waters.
Whether this is just caution from Van Drew’s people or a true moderation of Trump’s ambition we’ll soon find out. Inauguration Day is in less than a week.
Imagine for a moment that you’re an aerial firefighter pilot. You have one of the most dangerous jobs in the country, and now you’ve been called in to fight the devastating fires burning in Los Angeles County’s famously tricky, hilly terrain. You’re working long hours — not as long as your colleagues on the ground due to flight time limitations, but the maximum scheduling allows — not to mention the added external pressures you’re also facing. Even the incoming president recently wondered aloud why the fires aren’t under control yet and insinuated that it’s your and your colleagues’ fault.
You’re on a sortie, getting ready for a particularly white-knuckle drop at a low altitude in poor visibility conditions when an object catches your eye outside the cockpit window: an authorized drone dangerously close to your wing.
Aerial firefighters don’t have to imagine this terrifying scenario; they’ve lived it. Last week, a drone punched a hole in the wing of a Québécois “Super Scooper” plane that had traveled down from Canada to fight the fires, grounding Palisades firefighting operations for an agonizing half-hour. Thirty minutes might not seem like much, but it is precious time lost when the Santa Ana winds have already curtailed aerial operations.
“I am shocked by what happened in Los Angeles with the drone,” Anna Lau, a forestry communication coordinator with the Montana Department of Natural Resources and Conservation, told me. The Montana DNRC has also had to contend with unauthorized drones grounding its firefighting planes. “We’re following what’s going on very closely, and it’s shocking to us,” Lau went on. Leaving the skies clear so that firefighters can get on with their work “just seems like a no-brainer, especially when people are actively trying to tackle the situation at hand and fighting to save homes, property, and lives.”
Courtesy of U.S. Forest Service
Although the Super Scooper collision was by far the most egregious case, according to authorities there have been at least 40 “incidents involving drones” in the airspace around L.A. since the fires started. (Notably, the Federal Aviation Administration has not granted any waivers for the air space around Palisades, meaning any drone images you see of the region, including on the news, were “probably shot illegally,” Intelligencer reports.) So far, law enforcement has arrested three people connected to drones flying near the L.A. fires, and the FBI is seeking information regarding the Super Scooper collision.
Such a problem is hardly isolated to these fires, though. The Forest Service reports that drones led to the suspension of or interfered with at least 172 fire responses between 2015 and 2020. Some people, including Mike Fraietta, an FAA-certified drone pilot and the founder of the drone-detection company Gargoyle Systems, believe the true number of interferences is much higher — closer to 400.
Law enforcement likes to say that unauthorized drone use falls into three buckets — clueless, criminal, or careless — and Fraietta was inclined to believe that it’s mostly the former in L.A. Hobbyists and other casual drone operators “don’t know the regulations or that this is a danger,” he said. “There’s a lot of ignorance.” To raise awareness, he suggested law enforcement and the media highlight the steep penalties for flying drones in wildfire no-fly zones, which is punishable by up to 12 months in prison or a fine of $75,000.
“What we’re seeing, particularly in California, is TikTok and Instagram influencers trying to get a shot and get likes,” Fraietta conjectured. In the case of the drone that hit the Super Scooper, it “might have been a case of citizen journalism, like, Well, I have the ability to get this shot and share what’s going on.”
Emergency management teams are waking up, too. Many technologies are on the horizon for drone detection, identification, and deflection, including Wi-Fi jamming, which was used to ground climate activists’ drones at Heathrow Airport in 2019. Jamming is less practical in an emergency situation like the one in L.A., though, where lives could be at stake if people can’t communicate.
Still, the fact of the matter is that firefighters waste precious time dealing with drones when there are far more pressing issues that need their attention. Lau, in Montana, described how even just a 12-minute interruption to firefighting efforts can put a community at risk. “The biggest public awareness message we put out is, ‘If you fly, we can’t,’” she said.
Fraietta, though, noted that drone technology could be used positively in the future, including on wildfire detection and monitoring, prescribed burns, and communicating with firefighters or victims on the ground.
“We don’t want to see this turn into the FAA saying, ‘Hey everyone, no more drones in the United States because of this incident,’” Fraietta said. “You don’t shut down I-95 because a few people are running drugs up and down it, right? Drones are going to be super beneficial to the country long term.”
But critically, in the case of a wildfire, such tools belong in the right hands — not the hands of your neighbor who got a DJI Mini 3 for Christmas. “Their one shot isn’t worth it,” Lau said.
Editor’s note: This story has been updated to reflect that the Québécois firefighting planes are called Super Scoopers, not super soakers.
Plus 3 more outstanding questions about this ongoing emergency.
As Los Angeles continued to battle multiple big blazes ripping through some of the most beloved (and expensive) areas of the city on Friday, a question lingered in the background: What caused the fires in the first place?
Though fires are less common in California during this time of the year, they aren’t unheard of. In early December 2017, power lines sparked the Thomas Fire near Ventura, California, which burned through to mid-January. At the time it was the largest fire in the state since at least the 1930s. Now it’s the ninth-largest. Although that fire was in a more rural area, it ignited for some of the same reasons we’re seeing fires this week.
Read on for everything we know so far about how the fires started.
Six major fires started during the Santa Ana wind event last week:
Officials are investigating the cause of the fires and have not made any public statements yet. Early eyewitness accounts suggest that the Eaton Fire may have started at the base of a transmission tower owned by Southern California Edison. So far, the company has maintained that an analysis of its equipment showed “no interruptions or electrical or operational anomalies until more than one hour after the reported start time of the fire.” A Washington Post investigation found that the Palisades Fire could have risen from the remnants of a fire that burned on New Year’s Eve and reignited.
On Thursday morning, Edward Nordskog, a retired fire investigator from the Los Angeles Sheriff’s Department, told me it was unlikely they had even begun looking into the root of the biggest and most destructive of the fires in the Pacific Palisades. “They don't start an investigation until it's safe to go into the area where the fire started, and it just hasn't been safe until probably today,” he said.
It can take years to determine the cause of a fire. Investigators did not pinpoint the cause of the Thomas Fire until March 2019, more than two years after it started.
But Nordskog doesn’t think it will take very long this time. It’s easier to narrow down the possibilities for an urban fire because there are typically both witnesses and surveillance footage, he told me. He said the most common causes of wildfires in Los Angeles are power lines and those started by unhoused people. They can also be caused by sparks from vehicles or equipment.
At more than 40,000 acres burned total, these fires are unlikely to make the charts for the largest in California history. But because they are burning in urban, densely populated, and expensive areas, they could be some of the most devastating. With an estimated 9,000 structures damaged as of Friday morning, the Eaton and Palisades fires are likely to make the list for most destructive wildfire events in the state.
And they will certainly be at the top for costliest. The Palisades Fire has already been declared a likely contender for the most expensive wildfire in U.S. history. It has destroyed more than 5,000 structures in some of the most expensive zip codes in the country. Between that and the Eaton Fire, Accuweather estimates the damages could reach $57 billion.
While we don’t know the root causes of the ignitions, several factors came together to create perfect fire conditions in Southern California this week.
First, there’s the Santa Ana winds, an annual phenomenon in Southern California, when very dry, high-pressure air gets trapped in the Great Basin and begins escaping westward through mountain passes to lower-pressure areas along the coast. Most of the time, the wind in Los Angeles blows eastward from the ocean, but during a Santa Ana event, it changes direction, picking up speed as it rushes toward the sea.
Jon Keeley, a research scientist with the US Geological Survey and an adjunct professor at the University of California, Los Angeles told me that Santa Ana winds typically blow at maybe 30 to 40 miles per hour, while the winds this week hit upwards of 60 to 70 miles per hour. “More severe than is normal, but not unique,” he said. “We had similar severe winds in 2017 with the Thomas Fire.”
Second, Southern California is currently in the midst of extreme drought. Winter is typically a rainier season, but Los Angeles has seen less than half an inch of rain since July. That means that all the shrubland vegetation in the area is bone-dry. Again, Keeley said, this was not usual, but not unique. Some years are drier than others.
These fires were also not a question of fuel management, Keeley told me. “The fuels are not really the issue in these big fires. It's the extreme winds,” he said. “You can do prescription burning in chaparral and have essentially no impact on Santa Ana wind-driven fires.” As far as he can tell, based on information from CalFire, the Eaton Fire started on an urban street.
While it’s likely that climate change played a role in amplifying the drought, it’s hard to say how big a factor it was. Patrick Brown, a climate scientist at the Breakthrough Institute and adjunct professor at Johns Hopkins University, published a long post on X outlining the factors contributing to the fires, including a chart of historic rainfall during the winter in Los Angeles that shows oscillations between wet and dry years over the past eight decades.
But climate change is expected to make dry years drier and wet years wetter, creating a “hydroclimate whiplash,” as Daniel Swain, a pre-eminent expert on climate change and weather in California puts it. In a thread on Bluesky, Swain wrote that “in 2024, Southern California experienced an exceptional episode of wet-to-dry hydroclimate whiplash.” Last year’s rainy winter fostered abundant plant growth, and the proceeding dryness primed the vegetation for fire.
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Editor’s note: This story was last update on Monday, January 13, at 10:00 a.m. ET.