Engel, Kirsten H., Perverse Incentives: The Case of Wildfire Smoke Regulation (January 11, 2014). 40 Ecology Law Quarterly 623 (2013); Arizona Legal Studies Discussion Paper No. 12-26. View the publication.
After setting forth the relevant air quality framework, this Article argues that decisions regarding planned wildfire are marred by an anachronistic and inaccurate distinction between "natural" and "anthropogenic" fire. This Article suggests several solutions to remove these distortions, including adopting a default rule whereby all wildfire smoke, of whatever origin, "counts" for purposes of air quality compliance.