Dozens of environmental, labor and health care groups banded together on Monday to file a petition asking the Federal Emergency Management Agency to declare the heat and wildfire smoke a “major disaster” like floods or tornadoes.
The petition is a major push for federal assistance to state and local governments struggling with the rising costs of climate change.
If the petition is granted, FEMA funds could be freed up to help communities prepare for heat waves and wildfire smoke, such as by building cooling centers and installing air filtration systems in schools. They could also help during emergencies by funding water supplies, health screenings for vulnerable populations, and increased electricity usage.
“A major disaster declaration really opens up the widest pockets of funding available to FEMA,” said Jean Su, senior attorney at the environmental group Center for Biological Diversity and lead author of the petition. “State and local governments are severely under-equipped and under-resourced to handle emergency measures.”
The support from major labor unions such as the AFL-CIO and the Service Employees International Union is part of a broader strategy by labor unions to protect tens of millions of people who work outdoors or without air conditioning during hot weather. The unions want the Occupational Safety and Health Administration to require employers to protect workers from extreme temperatures. The White House has been pressuring Labor Department officials for the Occupational Safety and Health Administration, which oversees OSHA, to release draft heat regulations this summer. But major business and industry groups such as the U.S. Chamber of Commerce oppose any new requirements.
Labor and employee rights groups hope that if the FEMA petition is granted, it will put more pressure on employers to address heat safety issues in the workplace.
“If the heat and wildfire smoke were designated a major disaster, it would be an all-hands-on-deck effort,” said Christine Bolaños, communications director for the Workers Defense Project, a nonprofit focused on workers' rights. If designated a major disaster, OSHA would prioritize protecting heat workers, she said.
The move highlights growing concern among lawmakers, activists and labor unions about the impact of the heatwaves.Last June, Democratic Rep. Ruben Gallego of Arizona introduced a bill to declare the heatwaves a major disaster under FEMA's classification. The bill has not progressed, but it has 11 Democratic co-sponsors and just one Republican.
According to the National Weather Service, extreme heat already kills more people each year in the US than hurricanes, floods, and tornadoes combined, yet our tools to deal with the impacts of extreme temperatures are being built from the ground up.
“All of the institutions, tools and datasets in the world are ill-equipped to handle the scale of a heatwave in our communities,” said Cathy Baumann McLeod, CEO of Climate Resilience for All, a nonprofit focused on global heatwave response.
FEMA has rejected several similar requests over the years to declare past heat waves major disasters, including one made by California Gov. Gavin Newsom after a record-breaking triple-digit heat dome formed in the state in October 2022. At the time, the agency argued that “precedent assesses individual events and impacts, not seasonal or general atmospheric conditions.”
The 1988 Stafford Act, which gave the federal government the power to declare disasters and emergencies, does not explicitly include extreme heat in its list of 16 causes. But the labor and environmental groups' petition argues that the federal government declared the coronavirus pandemic a major disaster even though it wasn't on the list, setting a precedent they hope to exploit. The petitioners plan to file a lawsuit if FEMA again denies their request.
Declaring a heatwave a major disaster can be a challenge for FEMA. Typically, the agency declares a disaster based on how much uninsured public infrastructure is damaged and how many people die. But during a heatwave, counting heat-related deaths can be difficult, in part because damaged property isn't the primary risk and because death certificates don't always reflect the impact heat had on people's deaths.
Brock Long, who served as FEMA administrator under the Trump administration, said that during disasters, communities that aren't prepared for extreme events sometimes receive more funding than those that are.
Long said he worried adding new items to FEMA's list of major disasters would be “like putting new parts on a rusty old bicycle frame.”
“It's time for Congress to sit down with large infrastructure owners and local leaders and discuss how to redesign our system in a way that makes sense,” Long said. “The current system will never be able to address the threats of climate change and into the future.”
If FEMA accepts the petition, it will begin the process of amending its rules to include extreme heat and wildfire smoke as potential major disasters and will accept public comment.