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Wildfire Mitigation

The Ninth Circuit upheld the dismissal of the Regents of the University of California’s suit against FEMA relating to grants for projects intended to mitigate the risk of wildfires. The university rescinded its approval of the original project, for which FEMA provided the grants, and the revised project it wished to pursue was “materially distinct.”

SAN FRANCISCO — The Ninth Circuit upheld the dismissal of the Regents of the University of California’s suit against FEMA relating to grants for projects intended to mitigate the risk of wildfires. The university rescinded its approval of the original project, for which FEMA provided the grants, and the revised project it wished to pursue was “materially distinct.”

The environmental review of the original plan hinged on the premise the university’s tree overstory removal would make more habitat for the threatened Alameda whipsnake. 

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