Helicopters attack the Salt Fire with water in Shasta County on June 30, 2021.
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Andrew Nixon
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CapRadio
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Topline:
Finding common ground to change U.S. clean air law is rare. But on wildfire smoke, academics, environmental advocates and some regulators agree: it’s time to reconsider our approach.
The backstory: An obscure part of the Clean Air Act grants regulators an opening to “forgive” air pollution from wildfires, meaning that it doesn’t count against air-quality goals.
Why call for change now: These exceptional events are no longer exceptional, and the requests to obscure them from air-quality records are more common, according to an investigation from the Guardian, The California Newsroom and MuckRock.
During wildfire season in the western US, soot-clogged skies have long triggered public alerts with advice like: Shut the windows and stay indoors. For those who can afford it: Use an air filter. As Canadian wildfire smoke curled down to Kentucky this year, officials began to do the same thing.
On alert days, “smoke’s there when you wake up in the morning, it’s there when you’re going to bed at night,” said Michelle King, the assistant director of the Louisville metro air pollution control district.
She and other regulators say they’re working on how to communicate about smoke — something she anticipates doing more often.
“We collectively are seeing, more and more, the very real impacts of climate change, and no reason to think that is slowing down or going away,” King said. “I think that this is a new normal.”
From the midwest to the mid-Atlantic, more U.S. states are laboring to understand how and when smoke will make meeting federal health standards harder.
"Smoke, Screened: The Clean Air Act’s Dirty Secret" is a collaboration of The California Newsroom, MuckRock and the Guardian. Molly Peterson is a reporter for The California Newsroom. Dillon Bergin is a data reporter for MuckRock. Emily Zentner is a data reporter for The California Newsroom. Andrew Witherspoon is a data reporter for the Guardian.
LAist is a member of The California Newsroom.
“The best advice a Boy Scout will give you is, ‘Don’t stand downwind of the campfire,’” said Frank Steitz, an assistant director at the New Jersey department of environmental protection.
“But what if you can’t? What if you can’t avoid it?”
An obscure part of the Clean Air Act grants regulators an opening to “forgive” air pollution from wildfires, meaning that it doesn’t count against air-quality goals. After wildfires flourished across North America this year, more U.S. states east of the Mississippi may use this exceptional events rule to subtract smoke from the record, if not from the air we breathe.
But these exceptional events are no longer exceptional, and the requests to obscure them from air-quality records are more common, according to an investigation from the Guardian, The California Newsroom and MuckRock. Without reform, the exceptional events rule is likely to become a regularly used tool, one that experts warn may divert resources or distract from addressing the growing problem of wildfire smoke.
Finding common ground to change U.S. clean air law is rare. But on wildfire smoke, academics, environmental advocates and some regulators agree: it’s time to reconsider our approach.
A cyclist rides under a blanket of haze partially obscuring the U.S. Capitol in Washington, D.C., on June 8, 2023.
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Mandel Ngan
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“We’re going to have to think bigger when it comes to solutions. We’re just getting there,” said Jodi Bechtel, the assistant director for the department of environment and sustainability in Clark County, Nevada. “I cringe at the idea of amending the Clean Air Act because that is such a heavy lift. But I think we’re at the point where the way it’s written and the expectations in it almost aren’t working anymore.”
This year, said Michael Benjamin, the air quality and planning chief at the California Air Resources Board (Carb), he and his western colleagues “felt really bad” for eastern cities affected by Canadian fires. “But part of us, especially when it was impacting Washington D.C., we said, well, good,” he remembered. “Now the policymakers really understand what it means to be exposed to wildfire smoke. And maybe they’ll start to think seriously about how to mitigate it.”
A growing problem
The Salt Fire burns in Shasta County, as seen from I-5 June 30, 2021. Photograph:
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Andrew Nixon
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Smoke from wildland fires is reversing a continent-wide, decades-long trend toward bluer skies, according to recent Stanford University studies.
A warming climate has helped to set the stage for wildfires to burn hotter and bigger. “Stopping them or making them less severe is going to be very hard and going to involve intervention on a scale that we’re just currently not prepared or able to do,” said the environmental scientist Marshall Burke, one of the leaders of Stanford’s work.
At the same time the likelihood of wildfires grows, the U.S. is considering making stricter goals for ground-level ozone and fine particulate, pointing to an avalanche of studies documenting health impacts. The Biden administration has delayed plans to take action on ozone until after next year’s election. On fine particulates, a contentious public rule-making is expected to yield a more strict standard any day now.
Yet in the face of growing risk, and in anticipation of tighter limits on these types of pollution, state and local governments have been clear: they will turn to exceptional events for relief more often, even if the process is arduous.
“Lowering the annual standard will require more exceptional event demonstrations, resulting in a significant increase in workload for the state of Arizona and Maricopa County, with no benefit to air quality or public health,” wrote that county’s department of air quality, commenting on the EPA’s proposed soot standard.
Dave Jefferis hands a flag he rescued from burning to his neighbor, Jim Marchio. Both stayed behind to defend their homes from the River Fire Wednesday, Aug. 4, 2021.
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“There’s going to be much more pressure on regulatory agencies to take advantage of exceptional events,” added Carb’s Benjamin. “Sometimes people don’t understand what attainment means, and under the Clean Air Act, it’s not necessarily that you’re breathing clean air, it’s that you’re meeting these requirements that are defined by the federal government.”
Meanwhile, public agencies and other air policy observers argue that the exceptional events rule effectively undermines one of the few tools states have to combat wildfires: beneficial or “prescribed” burns.
Originated by Native Americans, controlled application of fire to wildlands reduces the risk of catastrophic infernos by clearing underbrush, pine needle beds and other fuels that make forests prone to burning. Federal and state agencies say that increasing this “good fire” is a priority. The EPA modified exceptional events guidelines in 2016, in part to do just that. But not a single prescribed fire has been forgiven under the exceptional events rule since then.
A group of 86 western scientists, researchers and advocates say that local regulators are not permitting prescribed fires because they fear they could create too much smoke – the kind that warrants exceptional events. “The current statutory scheme is selecting for the very worst type of fire when it comes to public health,” they told the EPA.
Near the California-Oregon border, the Mid Klamath Watershed Council advocates for a healthy ecosystem, which the director, Will Harling, said includes the return of beneficial fire. Obstacles to such planned burns, coupled with forgiveness offered wildfires, he said, are why his children “have smoked the equivalent of about 20,000 packs of cigarettes while they’re in their teens."
“Just because they scrub that out of the record doesn’t mean that smoke isn’t in their lungs,” he said.
EPA spokesperson Khanya Brann, responding to our questions in writing, confirmed that exceptional events “could result in the removal of event-influenced data from the data set used to make certain regulatory decisions."
Brann wrote that local air regulators must meet requirements in the exceptional events process, such as taking “appropriate and reasonable actions to protect public health."
Pathways to reform
A prescribed fire in Hayfork, California, on April 10, 2019. Advocates for the practice of setting planned burns to manage lands and minimize wildfire risk say the exceptional events rule gets in the way.
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Molly Peterson
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Across the political spectrum, experts, advocates and states say it’s time to change the exceptional events rule. They offer vastly different ideas about what that change should look like.
States and their advocates generally seek liberation from regulatory paperwork. Republican senators, led by Shelley Moore Capito of West Virginia, recently introduced legislation aimed in part at making filing for exceptional events easier.
Similarly, the Western Governors’ Association has argued for greater state flexibility, complaining both that “the rule is resource intensive, costly, and place[s] a significant burden on strained state resources,” and that regulators are slow to act on it. The nonpartisan association suggested to lawmakers that rules should permit more complicated multistate exceptions.
We can’t fix it, goes the reasoning, so why should we be punished for it?
The EPA, for its part, maintains it is following the law. “The Clean Air Act requires the agency to address emissions from natural events such as wildfires differently than emissions from industrial or mobile sources that EPA and Tribal, state and local air agency regulations can control,” Brann wrote.
Independent clean-air watchdogs emphasize instead that the mission of the Environmental Protection Agency is to protect public health.
People take the tramway to Roosevelt Island as smoke from Canadian wildfires casts a haze over the area on 7 June 2023 in New York City.
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Eduardo Munoz Alvarez
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That could mean stepping up enforcement, said Eric Schaeffer, the executive director of the Environmental Integrity Project, a non-profit that advocates for transparency. Plenty of controls already on the books could work better, he said, including more frequent inspections and better monitoring systems for known polluters. “There’s always more that can be done,” he said.
Michigan attorney Nick Leonard, who represents fence-line communities where Canadian smoke has mingled with routine local pollution, called the exceptional events rule a “misapplication” of the Clean Air Act, and pointed out that local air regulators could simply stop using it. “It’s sort of creating this alternative reality,” he said.
Though the EPA strips exceptional events-related data from regulatory use, epidemiologists and health experts continue to analyze air quality using unmodified data, which remains available. In its annual State of the Air report, the American Lung Association has always included pollution exceedances that exceptional events would leave out, said Will Barrett, a clean-air expert for the group.
“Those are unhealthy air days,” Barrett said. “Ultimately, your lungs don’t care if the pollution is classified as an exceptional event under an obscure federal law.”
‘A warning light on the dashboard for the Clean Air Act’
Hazy New York City skyline during bad air quality on June 7, 2023 due to smoke of Canadian wildfires brought in by wind.
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Lev Radin
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For the summer of 2023, more than 20 states so far, from Wyoming to Wisconsin to North Carolina, have flagged air-quality readings that were far higher than normal. Most of these days came in June, as skies in the midwest and eastern U.S. were blanketed with Canadian wildfire smoke.
Wildfire smoke knows no borders. Unlike refineries, wildfires have no scrubbers. You can’t shut them down. But the Clean Air Act, whose pollution controls have saved millions of lives, affords the agency responsible for healthy air no direct authority to manage lands that burn.
Instead, the EPA’s response to this fast-growing source of soot, ash and toxic chemicals has been “ad hoc” and muddled by a lack of coordination with other agencies, according to a Congressional watchdog’s report earlier this year.
EPA spokesperson Brann wrote that the agency “supports efforts by agencies across the federal government — including the U.S. Department of Agriculture and the Department of the Interior, as well as interagency forums such as the Wildland Fire Leadership Council — to implement and further develop strategies to reduce wildfire risk, and to help communities prepare for, respond to, and recover from wildfires.”
The growing use of the exceptional events rule reveals “a poorer and poorer fit between the policy we have and the problems it’s trying to solve,” said Stanford University’s Michael Wara.
He called the rule “a warning light on the dashboard for the Clean Air Act."
To heed it, say experts, it’s essential to adapt the law to the conditions under which we already breathe.
“If fires are going to become more widespread and more predictable, then that changes the calculus for air-quality determinations,” said Schaeffer of the Environmental Integrity Project. “You have to assume that’s part of your baseline now.”
The landmark law protecting air quality wasn’t created to deal with global heating. But the policies of the past are colliding with the problems of the future.
“The Clean Air Act should really include climate,” said Benjamin of Carb.
“States who have tried to keep these things separate — to keep climate change and exposure to local air pollution as two distinct things — I don’t think they’re going to be able to maintain that indefinitely,” he said.
A key assumption of air pollution policy, said Wara, has been that we are in control: “Climate change is kind of making a mockery of that.”
The obligation to protect people from polluted air remains, he added: “That’s really what the Clean Air Act is supposed to do, is keep people safe.”
While he was in college, Moiz Mir lived under an orange sky in Sacramento for weeks because of the Camp fire; some of that pollution was forgiven in nearby Nevada county as an exceptional event. His neighbors didn’t understand the risks of smoke then, or know where to get masks. He began to warn them, to educate himself, and to learn from other fire-prone communities how to cope.
Smoke, he said, “made a permanent and lasting impact” on his psyche and life path. Now 26 years old and a grassroots climate activist, he points out that “in crisis, people look to authority for answers."
They’re still looking, as the smoke thickens.
“We were thinking like the impacts of climate change were distant,” Mir said. “But now, it’s quite literally the air that I breathe.”
Manola Secaira of CapRadio contributed to this report
A detention officer waits outside the main entrance of the Otay Mesa Detention Center in San Diego on Feb. 20, 2026.
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Adriana Helditz
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CalMatters
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Topline:
A new law will require local agencies to publicly disclose audio recordings and written records of 911 calls originating from privately run immigration detention facilities.
The Detention Facility Transparency Act: Gov. Gavin Newsom signed Senate Bill 423, called the Detention Facility Transparency Act, on Tuesday. It was one of 21 immigration-related bills in a package his office announced the same day. The law will require local agencies to turn over recordings and written records of 911 calls from privately run detention facilities if a member of the public requests them. It includes an exception if an active investigation is underway and requires redacting the names of affected individuals.
The backstory: In February, L.A. Taco reported that detainees inside Otay Mesa were throwing lotion bottles wrapped with notes about conditions inside over the wall of the facility to organizers standing outside. Earlier this year, CalMatters sought information, including 911 audio records and other reports, about alleged serious incidents at detention facilities through a California Public Records Act request. While a San Diego County sheriff’s spokesperson said the agency was not investigating those cases, he said he was unable to turn over additional records because they were part of “a law enforcement investigation.”
A new law will require local agencies to publicly disclose audio recordings and written records of 911 calls originating from privately run immigration detention facilities. The bill was prompted by CalMatters reporting on alleged sexual assaults at the Otay Mesa Detention Center.
Gov. Gavin Newsom signed Senate Bill 423, called the Detention Facility Transparency Act, on Tuesday. It was one of 21 immigration-related bills in a package his office announced the same day.
The law will require local agencies to turn over recordings and written records of 911 calls from privately run detention facilities, if a member of the public requests them. It includes an exception if an active investigation is underway and requires redacting the names of affected individuals.
“Well, it goes without saying, these past two years, Donald Trump has brought fear and has brought anxiety, disruption and stress to our immigrant communities,” Newsom said in a recorded video statement on his website.
“So, today, I sign a number of bills to strengthen transparency and to strengthen accountability and oversight over federal immigration enforcement and civil detention in our state,” the governor said.
State Sen. Lena Gonzalez, a Democrat from Long Beach, introduced SB 423 as state investigations and courts found serious gaps in essential medical care within the facilities. She said the aim was to stop private operators, and the agencies that work alongside them, from keeping what happens behind detention walls from the public's view.
In February, L.A. Taco reported that detainees inside Otay Mesa were throwing lotion bottles wrapped with notes about conditions inside over the wall of the facility to organizers standing outside.
“For 280 days we haven’t eaten a single piece of fruit, banana, apple, orange, or anything fresh," an Otay Mesa detainee wrote, the news outlet reported. "We are all in one big room with no doors or windows. We can’t see any grass or trees. We are all constantly sick.”
Gonzalez, who is chair of the Legislative Latino Caucus, said no person “should have to resort to throwing notes over the walls of a detention facility to have their needs met and their voices heard.”
Earlier this year, CalMatters sought information, including 911 audio records and other reports, about alleged serious incidents at detention facilities through a California Public Records Act request. While a San Diego County sheriff’s spokesperson said the agency was not investigating those cases, he said he was unable to turn over additional records because they were part of “a law enforcement investigation.”
“When journalists and reporters attempted to obtain records about reported incidents at these facilities through the Public Records Act, they faced severe pushback from law enforcement, citing vague investigatory records exemptions, despite there being no active investigation,” said Gonzalez.
Immigrant Defense Advocates and the First Amendment Coalition co-sponsored the bill.
“The governor has sent a powerful message: No more secrecy. SB 423 makes clear that 911 calls and related records about events in detention must be released upon request. This will shed more light on a notoriously opaque system, leading to stronger oversight and accountability,” Ginny LaRoe, Advocacy Director, First Amendment Coalition, said in a written statement.
Gonzalez’s bill was one of several detention oversight bills Newsom signed Tuesday. Others impose a new 25% tax on private detention facilities, expand health, safety and oversight requirements for the centers, and add to the state attorney general’s oversight role.
Why now: The ride has been closed since the evening of July 12, after two women who rode the coaster less than a week apart both needed to be rushed to the hospital after they exited. One of them, 25-year-old Naomi Greer-Wilkinson, collapsed shortly after the ride ended and was found to have massive brain bleeding inside the skull that required emergency brain surgery. She remains in a vegetative state in the hospital, unable to speak or move and dependent on a ventilator. Her family filed a lawsuit against Six Flags on her behalf.
Why it matters: Six Flags recently settled a wrongful-death lawsuit from the family of a 22-year-old man who died after riding the coaster in 2022, and three more lawsuits alleging traumatic brain injuries were filed last week. “While X2 consistently passed a multitude of safety tests, we have decided to close the ride because we believe it’s the right thing to do,” park President Brian Oerding said in an online announcement. “Ride safety is a cornerstone of our business, and when we see guest confidence affected, we take it seriously.”
The backstory: According to the Six Flags Magic Mountain website, the X2 roller coaster reaches a top speed of 76 mph (122 kph) and has a total length of 3,610 feet (1,100 meters). The seats rotate 360 degrees “so your body will be flipping around the entire time,” and the ride features two “raven turns” — half loops that turn into sheer drops midway. It debuted at the park in 2002 under the name X as the world’s first “fourth-dimension” roller coaster and reopened in 2008 as X2 with new trains and special effects. The uniqueness of the ride drew thrill-seekers from around the world and garnered a fervent fanbase.
The Southern California theme park said Tuesday that it is permanently shuttering the ride after nearly 20 years. Six Flags recently settled a wrongful-death lawsuit from the family of a 22-year-old man who died after riding the coaster in 2022, and three more lawsuits alleging traumatic brain injuries were filed last week.
“While X2 consistently passed a multitude of safety tests, we have decided to close the ride because we believe it’s the right thing to do,” park President Brian Oerding said in an online announcement. “Ride safety is a cornerstone of our business, and when we see guest confidence affected, we take it seriously.”
The ride has been closed since the evening of July 12, after two women who rode the coaster less than a week apart both needed to be rushed to the hospital after they exited.
One of them, 25-year-old Naomi Greer-Wilkinson, collapsed shortly after the ride ended and was found to have massive brain bleeding inside the skull that required emergency brain surgery. She remains in a vegetative state in the hospital, unable to speak or move and dependent on a ventilator. Her family filed a lawsuit against Six Flags on her behalf.
Her attorneys said more than 100 people claimed they suffered brain injuries from the roller coaster in the past two years, and more lawsuits would be filed in the coming weeks.
According to the Six Flags Magic Mountain website, the X2 roller coaster reaches a top speed of 76 mph (122 kph) and has a total length of 3,610 feet (1,100 meters). The seats rotate 360 degrees “so your body will be flipping around the entire time,” and the ride features two “raven turns” — half loops that turn into sheer drops midway.
It debuted at the park in 2002 under the name X as the world’s first “fourth-dimension” roller coaster and reopened in 2008 as X2 with new trains and special effects. The uniqueness of the ride drew thrill-seekers from around the world and garnered a fervent fanbase.
The park settled a wrongful-death lawsuit filed by the family of Christopher Hawley, a 22-year-old who died the day after he rode X2. He was taken to the hospital after the ride with severe brain bleeding. The medical examiner’s office said his death was from blunt head trauma. The case was settled at the end of August, a few days before the trial was scheduled to start.
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The U.S. Supreme Court on Tuesday allowed the administration to resume, for now, deportations of migrants to countries that are not identified in their removal orders, handing President Donald Trump another victory in his aggressive immigration agenda.
The order: The court's brief order granting the petition did not outline a reason for staying a lower-court order that blocked the third-country deportations. It noted the court's three liberal justices objected to staying the order. The administration said it has used the policy to deport tens of thousands of noncitizens to Mexico and countries in Africa and Latin America after the migrants' home countries refused to accept them.
What's next: The court said it would take up the case for full oral argument in December. The action by the high court marks the third time the justices have rejected efforts by U.S. District Judge Brian Murphy in Boston to pause the deportations, which the judge said violate due process rights and fail to give detainees meaningful notice to raise arguments that they have credible fears of torture or abuse in the countries where they could be sent.
The U.S. Supreme Court on Tuesday allowed the administration to resume, for now, deportations of migrants to countries that are not identified in their removal orders, handing President Donald Trump another victory in his aggressive immigration agenda.
The court also said it would take up the case for full oral argument in December.
The court's brief order granting the petition did not outline a reason for staying a lower-court order that blocked the third-country deportations. It noted the court's three liberal justices objected to staying the order.
Solicitor General John Sauer told the justices the third-country deportation policy amounted to "an essential tool to remove certain aliens, including some of the worst criminal aliens" in court papers earlier this month. The administration said it has used the policy to deport tens of thousands of noncitizens to Mexico and countries in Africa and Latin America after the migrants' home countries refused to accept them.
"While certain aliens may benefit from stalling their removal, the Nation does not," Sauer wrote in an emergency application Sept. 24.
The action by the high court marks the third time the justices have rejected efforts by U.S. District Judge Brian Murphy in Boston to pause the deportations, which the judge said violate due process rights and fail to give detainees meaningful notice to raise arguments that they have credible fears of torture or abuse in the countries where they could be sent.
The National Immigration Litigation Alliance, which is representing migrants facing deportation, said in court papers that their clients are facing significant harms.
"The record shows that class members removed without meaningful notice or an opportunity to present country-specific protection claims have faced prolonged and arbitrary detention, beatings and sexual assault, disappearance, and chain refoulement to countries from which the United States had already granted them protection," wrote lawyer Trina Realmuto. "These harms cannot be undone."
The Department of Homeland Security said Murphy's rulings have created a logistical nightmare, including canceled flights, potential diplomatic clashes, and a lag in removing people convicted of assault and drug crimes.
The administration argued that if a country has assured Secretary of State Marco Rubio that it will not engage in persecution or torture, that should be enough to deport a noncitizen to a country that's not their own.
The Supreme Court's conservative supermajority has recognized the president has substantial authority over the border. Last summer, in a 6-to-3 decision, the court ruled President Trump has sweeping power to end the temporary protected status program for people who can't return to their home countries because of wars and natural disasters.
Crucial teen commuting tool? Or dangerous devices?
Jill Replogle
covers public corruption, debates over our voting system, culture war battles — and more.
Published September 29, 2026 2:08 PM
Police examine an e-bike at the Orange County District Attorney's buyback event on Sept. 13, 2026 at Angel Stadium.
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Jill Replogle
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LAist
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Topline:
E-bikes have become very popular in Orange County, where teens and tweens rely on the often-powerful vehicles to traverse long distances in spread-out suburbia. But their popularity has brought an alarming increase in serious injuries, especially among young riders.
The crackdown: Some O.C. school districts ban e-bikes on certain campuses. Others require e-bike safety training for students. District Attorney Todd Spitzer has pressed criminal charges against four parents after their children were involved in collisions — all of them on more powerful e-motorcycles.
Parents’ dilemma: Parents of e-bike commuters have said they are not opposed to regulating the vehicles, and they want authorities to crack down on dangerous and illegal riding. But an outright ban goes too far, they’ve said. The vehicles help cut down on the need for parental driving, and help students get to school on time, they’ve argued.
Read more… to learn how state and local policymakers are responding to the growing popularity of e-bikes among O.C. teens.
The bell had already rung on a recent morning at Newport Beach’s Ensign Intermediate School. But two of the school’s students hadn’t made it to class. Instead, they were sitting on a sidewalk across from campus, detained by a police officer for parking their e-bikes on the street.
The situation at Ensign has gotten messy since the school district, Newport-Mesa Unified, voted to ban e-bikes from middle and elementary school campuses, citing safety concerns. Many students kept riding their e-bikes to school anyway, parking them in swarms in the surrounding neighborhood.
The neighbors did not like this. Shouting matches ensued between students and homeowners. At least one student returned from class to find her tires deflated.
The city responded to the tension by putting up “No e-bike parking” signs on several streets.
The city of Newport Beach prohibited e-bikes on some streets around Ensign Intermediate School after neighbors complained.
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“I wouldn't want it in my neighborhood either, like, I get it,” said Corey Gulbranson, who got a $100 parking ticket on behalf of his daughter, one of the Ensign students detained for allegedly illegally parking her e-bike. “But at the end of the day, we're just trying to get our kids to school on a legal mode of transportation.”
Crucial teen commuting tools? Or dangerous devices?
E-bikes and significantly more powerful e-motorcycles have become very popular in many Orange County suburbs, where the streets are wide, public transit is spotty, and distances are longer than some are willing to pedal on a regular bike. For teens and tweens, e-bikes provide a taste of independence. They also relieve parents of some of their driving duties. Plus, e-bikes can replace polluting cars.
But their popularity has brought an alarming increase in serious injuries, especially among young riders.
At Providence Mission Hospital in Mission Viejo, e-bike crashes are now sending more kids to the ER than any other cause, according to Dr. Tetsuya Takeuchi, the hospital’s trauma medical director. More than 70% of those patients had some level of head injury, from minor concussions to devastating brain damage, he said, often because they were not wearing a helmet.
But even Takeuchi recognizes the nearly irresistible draw of e-bikes.
“If you ride one, you realize how easy it is to go everywhere with it,” he said. “I am not by any means surprised at how popular this is, especially amongst kids.”
‘Bicycle-shaped devices’
Not all e-bikes are equally fast, or equally dangerous. California uses a three-tier system, developed by the bike industry, to classify e-bikes depending on:
engine power
max speed
whether the bike has pedals
whether a cyclist has to use those pedals before the engine kicks in
California law prohibits children under age 16 from riding Class 3 e-bikes with engines capable of reaching 28 miles per hour. In reality, though, many kids are riding e-vehicles that go faster — in some cases, much faster.
“There are lots of what I will call 'bicycle-shaped devices' being ridden,” said Asha Weinstein Agrawal, a research associate at the Mineta Transportation Institute at San Jose State University. “Some of them are legal e-bikes. Some of them are not.”
What do California laws say about e-bikes and e-motorcycles?
First off, all e-bikes must have pedals. California has adopted a three-tier classification system for e-bikes:
Type of E-Bike
Pedal Assist
Speed
Age and Helmet Requirements
Class 1
Yes
Up to 20 mph, no throttle
No age limit. Helmet required for 17 and under.
Class 2
No (throttle or push button)
Up to 20 mph
No age limit. Helmet required for 17 and under.
Class 3
Yes
Up to 28 mph
Must be 16 or older. Helmet required for all ages.
E-motorcycles are designed primarily for off-highway use and require a driver’s license.
For more information, check out Go Safely California, a joint effort of CalTrans and the state Office of Traffic Safety.
Agrawal recently co-authored a 210-page report on e-bike safety. It includes data collected from middle and high schools in Marin and San Mateo counties, which showed that only 12% of students’ e-bikes fit into the legal classification system. The other 88% were more powerful than legally allowed under California law.
A Newport Beach Police officer tickets a middle schooler for parking her e-bike on the street across from Ensign Middle School on Sept. 4, 2026.
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Jill Replogle
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Any bicycle-shaped device that goes faster than 30 miles per hour is technically an e-motorcycle, which requires a special driver’s license and, if ridden on public roads, insurance and registration.
Agrawal said it’s hard for parents, and even police officers, to figure out what’s legal and what’s not.
“Nobody understands this,” she said. “It’s very hard to enforce.”
The crackdown
Orange County District Attorney Todd Spitzer has taken some unusual approaches to addressing the e-bike dilemma. To date, he has pressed criminal charges — including for child endangerment — against four parents after their children were involved in collisions, all of them on e-motorcycles, not e-bikes.
One of those parents, a woman from Aliso Viejo, was charged with three felonies, including involuntary manslaughter, after her 14-year-old son allegedly struck and killed an 81-year-old man while doing wheelies in the street in Lake Forest on an e-motorcycle souped up to reach 60 miles per hour.
People with e-bikes, e-scooters and e-motos move through the long line at the Orange County District Attorney's buyback event at Angel Stadium, Sept. 13, 2026.
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The DA’s office said it has also sent letters to retailers reminding them of a ban on selling products used to modify e-bikes to go faster than legally allowed.
Spitzer recently tried another novel approach: buybacks. On a recent Sunday, hundreds of people brought their e-bikes, e-scooters and e-motos to an event at Angel Stadium in Anaheim, hoping to turn them in for up to a thousand dollars in gift cards. The county event was paid for with $100,000 in asset forfeiture funds.
One man near the front of the line said he had arrived at 1 a.m. By the time the event started at 10 a.m., sheriff’s deputies were turning people away.
“Holy smokes,” Spitzer said from behind a podium mounted in the parking lot. “Look at the participation. … And you can see why, because we have a serious problem here in Orange County and across the nation with individuals who have e-bikes and e-motorcycles.”
Spitzer spoke about the dangers, but also the attractiveness of a high-powered personal vehicle, especially for teen boys.
“We're not gonna change our internal DNA about who we are as young people and the fact we wanna go places, and we wanna experiment, and quite frankly, we like fast things,” he said. “ But the fact of the matter is when you have a machine, and you don't understand its capabilities, you can find yourself in harm's way very quickly before you can control that mechanism.”
Orange County District Attorney is testing out a range of strategies to crack down on illegal e-bikes and e-motos, including a buyback event at Angel Stadium on Sept. 13, 2026.
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Jill Replogle
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LAist
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Are unsafe riders ‘ruining it for other people’?
Paul Dumont drove to the buyback event all the way from Chatsworth in hopes of exchanging five e-bikes he had bought for his kids and grandkids.
“They got injured on them when we first got them, so they've been sitting in storage,” he said of the bikes.
Dumont said he wished he had bought less powerful e-bikes. “But I bought them the best ones,” he said. “I thought they'd be better.”
Denise Mills and her 17-year-old son Nathanael came from Torrance to turn in three e-motorcycles that he had been riding to and from his high school last year. He stopped after the school told him it was illegal. A new state law defining e-motorcycles took effect in January.
A student at Ensign Middle School runs to campus after parking his e-bike at a nearby park, Sept. 4, 2026.
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Jill Replogle
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LAist
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“That was very unfortunate because it's his primary source of transportation,” Mills said. “Now it's his dad and I.”
Nathanael said he had logged several thousand miles without an accident.
“ Partially it's, like, people ruining it for other people,” he said of efforts to tighten the rules for young riders.
Local leaders grapple with the flood of e-bikes
Cities and school districts are testing a variety of approaches to decrease e-bike crashes and injuries, from prohibiting riding on sidewalks to outright bans for young riders. The Brea City Council has even discussed using police drones to follow unsafe youth riders home in order to inform their parents.
In a more typical approach, the Huntington Beach City School District requires all student e-bike commuters to pass a safety course in order to get a permit to park their bike on campus. Newport-Mesa has a similar program for high schoolers.
Marin County limits youth under age 16 to riding Class 1 “pedal-assist” e-bikes, which have motors that kick in only while pedaling, and shut off once the bike reaches 20 miles per hour. The ban on more powerful e-bikes for young riders is part of a pilot program approved by the state legislature that sunsets in 2029.
At the federal level, O.C. Congressman Dave Min, D-Irvine, co-authored a bill earlier this year, the Safe SPEEDS Act, that would develop nationwide safety standards for e-bikes, including minimum age recommendations.
A dilemma for parents
Parents of student e-bike commuters have said they do not oppose regulating the vehicles, and they want authorities to crack down on dangerous and illegal riding. But an outright ban goes too far, they’ve said.
“ I know there are kids that are a little wild,” said Kellie Newcombe, whose 13-year-old daughter is still riding her pedal-assist bike from their home in Costa Mesa to Ensign Intermediate School in Newport Beach.
“That is not my child. That is not her friends. They are so ridiculously safe and by the book,” she said. “It's just super frustrating that they would say every kid cannot ride an e-bike.”
A spokesperson for Newport-Mesa Unified told LAist in an email that the school district’s new e-bike restrictions have gone smoothly and are helping to reinforce safety. But that is not how Gulbranson and Newcombe see it.
“We've had my daughter intimidated by multiple neighbors now,” Gulbranson said. “This whole guise of doing it under safety is totally misguided.”
Newcombe said she worries about her daughter’s safety more now that an increasing number of parents are driving their kids to school.
“They're in a rush because the traffic is insane,” she said. Plus, her daughter now has to cross a busy street to get to campus.
Newcombe said she wishes the school district would work with local leaders and police to enforce e-bike rules and to create safer paths to school for responsible riders.
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