# Presentation: 277309

## 	Legal Issues in Utilizing Hazard Models and Mapping 

-  **	****Hazard Mapping and Modeling**

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## 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**

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## 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

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## 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

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## 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.

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## 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.

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## Elements of Negligence

- Duty
- Breach of duty
- Damage
- Relationship between duty and damage (causation)

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## 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.

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## Immunity in Claims of Negligence

- Discretionary Immunity
- Governmental Immunity
- Statutory Immunity

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## Exceptions to Immunity

- Willful misconduct

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## 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

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## 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.

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## 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.

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## 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)

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## 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

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