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Economics and Prescribed Fire Law in the United States
Author(s) -
Yoder Jonathan,
Tilley Marcia,
Engle David,
Fuhlendorf Samuel
Publication year - 2003
Publication title -
applied economic perspectives and policy
Language(s) - English
Resource type - Journals
SCImago Journal Rank - 1.4
H-Index - 49
eISSN - 2040-5804
pISSN - 2040-5790
DOI - 10.1111/1467-9353.00055
Subject(s) - political science , economics , law
Prescribed burning is increasingly recognized as a useful but risky land management and conservation tool. Common law relating to prescribed fire is generally predicated on negligence rules. However, virtually all states also have statutory law specifying liability rules or criminal penalties for prescribed burning, and the laws in many states have been changing substantially in recent years. We develop an economic model of the incentive and welfare effects of prescribed burning, where both the burner and potential victims of escaped fires can reduce expected damage with precautionary effort. The model provides implications regarding the comparative advantages of strict liability versus negligence rules. We then examine the characteristics and geographic distribution of prescribed fire liability law in the United States in the context of the model. Specifically, we discuss possible economic underpinnings of the recent emergence of statutes in southeastern states that are more supportive of prescribed fire use, despite its associated risks.