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Legal Issues in Utilizing Hazard Models and Mapping

Legal Issues in Utilizing Hazard Models and Mapping. Hazard Mapping and Modeling. Objectives. Clarify the need for complete, accurate and timely hazard modeling and mapping information in emergency management.

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Legal Issues in Utilizing Hazard Models and Mapping

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  1. Legal Issues in Utilizing Hazard Models and Mapping Hazard Mapping and Modeling Session 17

  2. Objectives • Clarify the need for complete, accurate and timely hazard modeling and mapping information in emergency management. • Examine the legal issues associated with using hazard modeling and mapping in emergency preparedness, response, recovery, and mitigation. • Clarify the basis of civil claims against public entities for the use of hazard mapping and modeling • Examine the nature and legal basis for federal planning requirements and the implications for hazard modeling and mapping • Examine the role of legal counsel in hazard modeling and mapping activities Session 17

  3. Need for Accurate and Timely Information • Accurate and timely information is needed to support effective decision making • Information may be from hazard models and maps • Data is critical in using hazard models and maps • Getting the right information to the right people is a major challenge Session 17

  4. Plan Requirements • Baseline data is critical • Data is needed for modeling • Modeling used for hazard vulnerability • We can communicate risk through maps • Hazard modeling provides a basis for reports and emergency management activities Session 17

  5. Using Geographic Information , Modeling and Simulation. • Maps show hazard areas, critical infrastructure and disaster zones. • All modeling has limitations • The goal is to have an informed user of hazard data • Users of hazard models must clarify the limitations of the data. Session 17

  6. Liability under State Law • A tort is a civil action when a person acts or fails to act, without right and as a result another is harmed. • Tort law is defined at the state level by statutes, court decisions and the state constitution. • The goal of state tort provisions to provide a means of distributing losses to those who have been harmed. Session 17

  7. Elements of Negligence • Duty • Breach of duty • Damage • Relationship between duty and damage (causation) Session 17

  8. Planning and Claims of Negligence • A failure to plan for a disaster • Emergency plans must be kept up to date and shared with the public. • An updated hazards analysis is critical to avoiding liability • Training leads to good performance • Training of volunteers is critical in avoiding mistakes and legal challenges. Session 17

  9. Immunity in Claims of Negligence • Discretionary Immunity • Governmental Immunity • Statutory Immunity Session 17

  10. Exceptions to Immunity • Willful misconduct Session 17

  11. Defenses in Claims of Negligence • Denial of allegations in the claim • Affirmative defenses • Absolute immunity • Settlement of the claim • Statute of limitations • Assumption of risk • Contributed Session 17

  12. Indemnification • Official representatives of an organization who are named individually in a tort action are generally entitled to protection against suits and financial loss (both attorney fees and judgments) • Volunteers who are official representatives of public entities are normally covered by the immunity of public emergency management agencies. Session 17

  13. Federal Planning Requirements • Local emergency planning committees are required under EPCRA to prepare a local emergency response plan. • A hazards analysis and mapping are critical elements of the preparation of this plan. Session 17

  14. Civil Claims under EPCRA • Citizens may file civil actions in federal district court under EPCRA against the administrator of the U.S. EPA, a state governor, or the SERC. • A citizen may request relief in the form of an injunctive order requiring federal, state or local actors to comply with the federal statute. • EPCRA does not provide a basis for a state tort claim for money damages – only injunctive relief (the federal court can order the government actor to comply with EPCRA) Session 17

  15. Role of Legal Counsel • The legal counsel will understand key federal and state statutes impacting emergency management • Employees and volunteers of public entities need to ask the general counsel to clarify the scope of their Session 17

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