Session 171 Legal Issues in Utilizing Hazard Models and Mapping Hazard Mapping and Modeling

Session 172 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 173 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 174 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 175 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 176 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 177 Elements of Negligence Duty Breach of duty Damage Relationship between duty and damage (causation)

Session 178 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 179 Immunity in Claims of Negligence Discretionary Immunity Governmental Immunity Statutory Immunity

Session 1710 Exceptions to Immunity Willful misconduct

Session 1711 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 1712 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 1713 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 1714 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 1715 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