From flooding, to wildfires to hurricanes, to catastrophic mudslides, climate change is making
natural disasters worse.
Has your community been affected by climate change related natural disasters? Call Boileau Conflict Solutions for a free consultation if you have a conflict to resolve.
The background: mudslides are happening more frequently in California and elsewhere.
In recent times, mudslides in California have affected several communities, with catastrophic results.
Like other climate change related disasters, mudslides seem to be getting worse. It is thought that
worsening mudslides could be caused by swelling groundwater following heavy rain. Landslides are
predicted to get worse as heavy rains increase with climate change.
Mudslides can happen anywhere, but certain communities are more at risk. If you live in a mountain
community you may be at risk of a mudslide disaster. Climate change mediation can respond to
mudslide risk to help communities adapt, or it can be a first response to mudslides to support
communities work together to find a solution. At Boileau Conflict Solutions, our firm works with communities with diverse conflict situations to find the best outcome for all.
In the news: catastrophic mudslides in LA, Rancho Palo Verde and Rolling Hills.
Many communities throughout the US and California have been hit with mudslides that destroyed
homes and even caused deaths. In 2024 alone, LA suffered from multiple damaging mudslides, and
the Rolling Hills and Rancho Palo Verde neighborhoods have been hit with catastrophic mudslides
and power and water outages that have left residents uncertain of their future. In 2018, homes in
Montecito were destroyed by mudslides and lives were lost.
Local and state authorities in the Rolling Hills and Rancho Palo Verde neighborhoods are working
with communities to mitigate the damage, but it’s not enough to save residents from the worst
consequences of the disaster. Rancho Palo Verde authority is working on de-watering wells to slow
the landslide. The extent of the instability is believed to be worse than expected.
Climate Change Related Disputes
Where natural disaster strikes, disputes often quickly follow. In Rancho Palo Verde and Rolling Hills
there have been disputes with the power company and state, pledging to hold them accountable for
getting power back to residents.
Rancho Palo Verde and Rolling Hills residents have expressed growing frustration, as a state of
emergency is declared by the state but assistance from the state and federal disaster agencies has
been slow to come. Residents have taken matters into their own hands to keep power going using
generators and other solutions.
Mudslides have been part of the area’s history for a long time. In 1956, a major mudslide stopped
construction in the area, and many of the current residents bought their homes at undervalued
prices.
Over a decade ago, a mudslide caused a 5 year long dispute in the Rolling Hills neighborhood that was
eventually resolved with an innovative solution after litigation was brought by several parties. Thedispute arose because the landslide crossed property boundaries and the parties involved, including
the local community association, were unwilling or could not afford to repair the damage. Eventually
the dispute was resolved with a solution engaging the city, the community association, the
homeowners, all insurers to the parties and two banks. The solution was to rebuild the damaged
road, raze a $3.4 million home abandoned by the property owner and subdivide the property into
two lots, the sale of which would pay for the work and some of the legal costs. The city’s insurer’s
legal costs alone amounted to $750,000.
The city manager described this solution as a win for everyone, but it was costly and took time. The
settlement was able to pay for the work done to repair the damage, but it could not fully cover the
legal costs.
Quick, Efficient, Cost-Effective Climate Change Mediation
Legal conflict over natural disasters drains resources and can drag on for years. Often times, local
authorities and community associations simply do not have the money to fix problems, and conflict
reduces resources even further. There may also be other issues making it more difficult to pay for
repairs. For example in some neighborhoods affected by the landslides the roads are private so the
community association and not the local authority is responsible for the state of roads. The total pot
of funds to remedy natural disasters may be limited or parties may be reluctant to release funds.
Federal government funds aren’t enough. Standard insurance doesn’t cover mudslides. Banks don’t
want to take on the risk of properties in areas prone to disaster. Who will pay for the damage?
Unlike litigation, which serves to protect individual interests, mediation is focused on solutions and
potentials. Climate change mediation can cut through the complications and model the best and
worst-case scenarios, allowing all parties to make an informed choice. At Boileau Conflict Solutions,
we work with multiple parties facing conflict involving disaster remediation or disaster
preparedness. We do a thorough analysis of the conflict and the resources involved, creating a firm
foundation for a win-win scenario. De-escalating conflict before it spirals into expensive litigation is
part of our strategy, leaving everyone free to focus on the best outcomes. Our firm has mediated
many different conflicts involving the environment and natural resources. We bring our legal,
scientific and mathematical conflict resolution expertise to every dispute, allowing us to take a multi-
level approach that examines all financial, environmental and social potentials in the situation. This
creates transparency and empowerment for everyone involved.
If your community is facing a dispute caused by mudslides or other natural disasters, please contact
us for a free consultation. We have offices in Berkeley, CA, San Diego, CA and Silicon Valley, CA. We
can mediate remotely or in person, whether nationally or internationally. Please contact us to learn
more.