The Brief

Not long after the Palisades Fire broke out Jan. 7, firefighting aircraft began drawing bright red lines with fire retardant across the Santa Monica Mountains, in an effort to slow and contain the flames.

By the time the fire was out about three weeks later, the MD-87s, S-2Ts and mammoth DC-10s had performed more than 280 drops across 20 square miles, according to data from Cal Fire obtained via public records requests.

LAist partnered with researchers at USC to test samples of the fire retardant gathered from fire zones in the weeks after the Palisades, Eaton and Franklin fires where it remained on the ground.

Those tests found toxic heavy metals including lead, arsenic, cadmium and chromium, which can accumulate in the environment and pose risks to humans and wildlife, according to federal and state environmental agencies.

Fire authorities say retardant is a critical component of the firefighting arsenal.

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Tests USC conducted on LAist's behalf found the presence of heavy metals in unused retardant and in samples collected after the recent fires.

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A product called MVP-FX, a variant of Perimeter Solutions' Phos-Chek, was the primary aerial retardant dropped on the Eaton and Palisades fires, according to the company.

The presence of heavy metals in MVP-Fx has not been previously reported.

LAist shared the USC lab results with Perimeter Solutions. Jeff Emery, Perimeter’s president of global fire safety, said the company’s products, including Phos-Chek MVP-Fx, have passed extensive testing. He added that the amount of heavy metals found by LAist was far below limits set by the Environmental Protection Agency and “any concerning levels for human health and safety.”

The presence of heavy metals isn’t noted in safety documents publicly shared by Perimeter Solutions.

Aircraft often drop more retardant than water each year on fires in California. From 2006 to 2024, more than 194 million gallons of various types of fire retardant were dropped by aircraft, according to data from Cal Fire.

“We don’t check into every single thing that’s in there,” said Chris Jurasek, deputy chief of tactical operations at Cal Fire.

He said his agency relies on the U.S. Forest Service to test and verify the safety of the retardants it uses. The use of fire retardants is a “critical” component of the firefighting arsenal, according to both Cal Fire and the U.S. Forest Service.

Why we had to run our own tests

Late last year, LAist requested samples of MVP-Fx from Cal Fire, the U.S. Forest Service and Perimeter Solutions, which manufactures the product, for the purpose of running an independent analysis for heavy metals. All declined.

“It’s not in our interest to share product with public or private agencies,” Jurasek said at the time. “You are not the first person to ask for us to give them fire retardant. It happens. It’s not something we do.”

Fire retardant coats laurel sumac in the Santa Monica Mountains after the Palisades Fire.

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A bag of laurel sumac covered in Phos-Chek, gathered in the Santa Monica Mountains. It was later taken to USC for testing.

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So over the next few months we gathered our own samples from the field.

After the Franklin, Eaton and Palisades fires were under control, I hiked to remote sites and collected vegetation, trash and dirt that had been caked with fire retardant. The samples were placed into baggies and taken to the Environmental Chemistry Laboratory at USC, where the fire retardant was tested for heavy metals.

Marella Schammel, a Ph.D. student, scraped dried red flakes into tubes filled with a diluted mixture of nitric acid and ran them through an inductively coupled plasma mass spectrometer.

Flakes of Phos-Chek were scraped into tubes along with diluted nitric acid for testing.

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Arsenic, cadmium, chromium, copper, manganese, nickel, lead, antimony, thallium, vanadium and zinc were all found in the samples.

Emery told LAist that any trace heavy metals found in testing were “naturally occurring.”

Phos-Chek MVP-Fx is primarily made of ammonium phosphates, which are derived from phosphate. That rock, when mined, can contain trace amounts of heavy metals.

“There are no heavy metals added to any of our formulations,” Emery said.

Cal Fire, the U.S. Forest Service and Perimeter Solutions all dismissed the results of the testing — saying that the samples couldn’t be relied on because they were gathered in the field. That the potential for contamination by ash from burning structures and brush after the retardant was dropped from planes was too great.

Eventually, LAist obtained unused, unmixed MVP-Fx and verified the source and authenticity of the material.

What we found

Marella Schammel, a Ph.D. student at USC, prepares samples of Phos-Chek for testing.

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Samples of Phos-Chek loaded into an inductively coupled plasma mass spectrometry machine for testing.

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Like the materials collected in fire zones, this unused sample was sent to the USC lab.

Schammel processed the MVP-Fx and found the same heavy metals present as the field samples we gathered.

There were some differences. However, it’s unclear if those differences are due to contamination on the ground or if there’s a variance in the amount of heavy metals present in different batches of the product.

“I’m not too surprised,” said Daniel McCurry, professor of civil and environmental engineering, who oversaw the testing process. Last year he and Schammel analyzed another Phos-Chek variant — LC95 — and found heavy metals as well.

LC95 is one of several USDA approved retardants in use today and one of the variants manufactured by Perimeter Solutions. Cal Fire doesn't use the LC95 variant.

Those results — from tests sparked in part by questions I’d asked McCurry in 2019 about whether we should be concerned about what was in fire retardants — made me want to know more about what is in the fire retardants in use now.

In an effort to compare USC’s test results to the official safety testing required by the federal government, LAist reached out to both Perimeter Solutions and the U.S. Forest Service, an agency within the USDA, for detailed test results for MVP-Fx. Neither would provide them.

In a statement, the U.S. Forest Service said that retardants that qualify for use have to show “nondetectable or trace levels” of certain heavy metals. However, the test results are proprietary information protected by nondisclosure agreements.

'Let people know what they're dealing with'

LAist’s review of publicly available documentation related to MVP-Fx, including its safety data sheet — which is required to warn those who may come in contact with the product of potential risks — found no reference to the presence of heavy metals.

A firefighting aircraft drops fire retardant as the Palisades Fire burns amid a powerful windstorm in January.

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After reviewing LAist’s results and the company’s safety data sheet, Claudia Polsky, director of the Environmental Law Clinic at UC Berkeley School of Law, said the company is likely in violation of multiple California laws and regulations including Cal OSHA standards, unfair competition law and Proposition 65.

“The Cal OSHA hazard communication standards require that a safety data sheet identify every hazardous ingredient in the product,” Polsky said. “Companies often resist disclosure requirements.

“To me this situation is disturbing if unsurprising.”

When asked about the safety data sheet, Emery said that the company works to “ensure compliance with all applicable regulatory requirements concerning our product.”

A firefighter stands amid vegetation covered in retardant in the hills of Mandeville Canyon in January.

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Some who regularly work with Phos-Chek said that LAist’s findings were a surprise to them.

“ The heavy metal thing, I can tell you, was news to me,” said Joel Lane, air tactical group supervisor with the Orange County Fire Authority. He’s worked in the industry for decades and has come in contact with different variants of Phos-Chek, both during preparation and when it’s been dropped on him by aircraft.

Lane said that he’s never been told or read in official documentation that heavy metals could potentially be present in retardant, which he finds upsetting.

He said the lack of transparency is concerning, but that it wouldn’t be the first time.

Lane feels firefighters were left in the dark about the risk of PFAS — long-lasting chemicals used in firefighting foam and in the heavy gear firefighters wear — that have been tied to elevated rates of cancer, according to the Environmental Protection Agency. Lane himself recently survived prostate cancer.

“ Be transparent, be open. Let people know what they're dealing with,” Lane said. It’s only then that they can make informed decisions about risks for themselves, he added.

LAist asked the U.S. Forest Service about potential risks to firefighters, to which they responded that “risk assessments of firefighter exposure to retardants do not indicate an increased risk for health effects,” pointing to a health assessment conducted by the agency, which includes MVP-Fx.

Although the assessment says risks are expected to be generally negligible, it doesn't explicitly mention heavy metal exposure. The U.S. Forest Service didn’t respond to whether heavy metal contamination was taken into consideration for the assessment.

What’s the risk to you?

Heavy metals can pose a serious health risk and have been tied to increased rates of cancer, as well as reproductive and developmental issues in humans.

That said, multiple health experts told LAist that the risk to members of the public exposed to the retardant when doing activities like hiking, is likely low, given the concentration of contaminants present in our samples.

“It should not be a reason for panic, but maybe it's a reason for caution,” said Dr. Ana Navas-Acien, professor and chair of Environmental Health Sciences at the Mailman School of Public Health at Columbia University, who reviewed the results.

Retardant coats a playground at a Mandeville Canyon home after the Palisades Fire.

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Fire retardant covers a pool and lounge chairs dropped from a firefighting aircraft.

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Sanjay Mohanty, associate professor of civil and environmental engineering at UCLA, agreed, saying that the risk for people with limited exposure, such as homeowners or hikers, is “very low.”

If you or your pets are exposed, it’s a good idea to wash it off.

Environmental effects

Retardant is a particular concern if it gets into aquatic ecosystems.

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Fire retardants can be particularly dangerous to aquatic ecosystems, according to a U.S. Forest Service environmental impact study published in 2011.

Once retardant enters waterways it can lead to elevated ammonia levels, which in turn can be toxic to salmon and trout. And there’s a possibility that an influx of nutrients from retardant can boost algal growth and create dead zones, killing off organisms there.

Because of these risks, the U.S. Forest Service prohibits the dropping of retardant within 300 feet of waterways, though it does happen. There have been more than 240 intrusions since 2012, according to another U.S. Forest Service environmental impact study from 2023.

However, even if the retardant doesn’t get dropped directly on waterways, it can get washed into them by rain. Heavy metals can settle in streams and ponds and potentially have devastating impacts on organisms there.

William Clements, a professor in the Department of Fish and Wildlife Conservation at Colorado State University, homed in on the cadmium LAist found in the MVP-Fx.

“ If even a small fraction of that ends up in that stream, that is cause for concern,” he said.

If you or your pets are exposed to fire retardant, it's a good idea to wash it off.

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The heavy metal can get taken up by sponge-like algae, which is then eaten by aquatic insects such as mayflies and stoneflies, which can die when exposed to the cadmium. Exposure to the heavy metal can also inhibit their reproduction, growth and ability to emerge from streams, compromising a source of food for fish and birds, according to Clements.

“ The levels of metals will increase and will be bioconcentrated over time. Not now, but in a year, two years, maybe five years from now,” said Dmitri Deheyn, a marine toxicologist at the  Scripps Institution of Oceanography.

“ People need to make the association that the impact is a lingering impact that will be diffused and diluted over time and space.”

In an effort to figure out how much heavy metal was spread throughout the San Gabriel and Santa Monica mountains during the Eaton and Palisades fires, LAist requested information on the total number of gallons of retardant dropped, from both the U.S. Forest Service and Cal Fire, via records requests. None were fulfilled.

If you’re in the firefighting world and have any samples of Phos-Chek or another type of fire retardant you’d like to share, please reach out.

Left-leaning candidates running in three school board contests flagged by EdSource as races to watch are each leading comfortably in unofficial election results more than a week after a so-called “blue tsunami” swept the country.

Unofficial results also show progressive candidates ahead in some races in the Inland Empire, a conservative stronghold where several far-right school board candidates ran on issues such as gender identity and parents’ rights. Counties have until Dec. 3 to certify election results.

In the Orange Unified School District, four moderate incumbents are far ahead of conservative challengers in separate races. One of them, board President Stephen Glass, defeated challenger Jack Chang, and has declared victory. The conservative candidates ran largely on parents’ rights and fiscal responsibility.

“We won,” Glass said on social media. “We’ll keep putting students first and supporting every teacher, every classified professional and every family.”

All four incumbents are up by double-digit percentage points, Orange County election results show. The election follows last year’s recall of two conservative school board members.

In a race for the Davis Unified school board, an anti-transgender candidate who once stripped down to a bikini at a school board meeting, lost decisively, according to unofficial election results. Beth Bourne, president of the Yolo County chapter of Moms For Liberty, trails incumbent Elizabeth Moon by 89 percentage points, results show.

In Palo Alto — where issues over academics dominated the race — newcomers Avery Wang and Linda Henigin are ahead in unofficial results for two seats. John Craig, who ran in tandem with Wang, conceded on election night. Wang ran primarily on retaining academic rigor, especially in math. “It’s the beginning of a movement,” Wang told Palo Alto Online.

Henigin ran on a platform of improving student well-being following a recent spate of student suicides.

Elsewhere in the state, school board candidates in conservative strongholds such as Chino Valley and Temecula fared poorly in local school board races.

In Temecula, school board President Joseph Komrosky trails challenger David Sola by 10 percentage points, results show. Sola has declared victory. Komrosky had voted to ban critical race theory in district schools and attempted to ban teaching materials that mentioned slain gay rights icon Harvey Milk, drawing a sharp rebuke from Gov. Gavin Newsom.

Komrosky’s apparent defeat was part of what The Press-Enterprise reported as “a seismic shift in local governance given recent elections that gave power to the Christian right.”

In Chino Valley Unified in San Bernardino County, two conservative school board candidates are trailing far behind, results show. Chris Shaw, the husband of State Superintendent of Public Instruction candidate Sonja Shaw, trails Frank Gerdine by nearly 17 percentage points, while Meagan Lichthart is ahead of Shaun Smith, backed by Shaw, by 15 percentage points.

This story was originally published by EdSource.

Major service cuts to Metrolink are on hold for now thanks to a $20 million grant from California’s State Transportation Agency. The Metrolink board of directors approved the agency’s $420 million budget on Friday.

The previous budget proposal included slashing a third of weekday trains and 40% of weekend trains.

“Thankfully, our customers were spared the disappointment and frustration of losing the service they rely on to travel the region for business and pleasure,” Tom Schamber, chief financial officer at Metrolink, said at the board meeting.

How did we get here? 

The Metrolink budget had been approved quarterly since June as staff worked out the annual budget.

Metrolink staff have worked on this year’s budget since last September. The agency has pointed to slowing fare revenue, rising costs due to inflation and low ridership numbers for its budget troubles.

“Fare box revenue ended the year $14 million under budget. This was sobering, and we realized that not only was fiscal [20]26 off, but our ridership expectations for fiscal year [20]27 would need to be recalibrated to this new baseline,” Schamber said.

A majority of Metrolink’s budget is funded by Orange, Los Angeles, Riverside, San Bernardino and Ventura counties’ transportation agencies. For more than a year, Metrolink officials have been building a budget that member agencies, like the Orange County Transportation Authority and L.A. Metro, would approve.

L.A. Metro and OCTA cut their subsidies to Metrolink by 3% and 10%, respectively.

“The challenges ahead of us were becoming more evident,” Schamber said at Friday’s board meeting. “In addition to disappointing fare revenue and funding limitations, we must absorb inevitable cost increases in several of our largest contracts.”

What we know about the grant

The $20 million grant from the state comes with the expectation that Metrolink will retain the same service levels provided today, Schamber added.

Metrolink CEO Darren M. Kettle said another expectation is that the agency must plan to maintain its services for the upcoming year.

“We don't have a plan. We're working on a plan to make sure we have the funding to deliver the same level of service at a minimum,” Kettle said. “With respect to these conditions, based on what we know now, as of last evening, our staff is confident that Metrolink will be able to meet these conditions.”

What’s next? 

Kettle said staff got a head start on next fiscal year’s budget through the state grant application. Officials said the rail agency is also gearing up for the 2028 Olympic Games.

The Federal Aviation Administration grounded all flights nationwide Friday afternoon because of communications problems at regional air traffic control centers.

The FAA notice said the ground stop was being imposed “due to extraordinary circumstances and for reasons of safety.”

Transportation Secretary Sean Duffy said there is a communications issue affecting the 22 regional air traffic control centers that direct planes en route between airports nationwide. He said FAA technicians are investigating. This is the first nationwide ground stop since January 2023, when a key FAA computer system malfunctioned. Before that the last time had been after the Sept. 11, 2001, attacks.

Secretary of Homeland Security Markwayne Mullin said there was no indication yet that “this was a nefarious attack against us. It’s just a telecommunications outage.”

“Everybody’s safe. There’s no reason to be concerned about your loved ones if they’re flying,” Mullin said.

There is no timeline for restarting flights. Mullin said investigators will look at whether there is any link to the FAA’s nationwide rollout of a new artificial intelligence system to help identify problems and reroute planes. But that system operates out of one location near Washington, D.C., and just sends recommendations to the air traffic control centers.

The government has been working to overhaul the outdated technology that air traffic controllers rely on since Congress approved $12.5 billion for the project last year. Miles of old copper wires have been replaced with fiber optic lines and old radio systems are gradually being replaced at airports across the country.

But much work remains. Duffy has said that another $30 billion will be needed to complete the work, and the White House has begun lobbying Congress to approve it.

The problem appeared similar to a regional air traffic control communication outage in September that snarled hundreds of flights across the Northeast, aviation safety expert Steve Arroyo said, except this time on a nationwide scale. It may be linked to the outdated technology used by air traffic controllers.

“If you don’t have that ability, whether it’s because the old wires that they have are just run down or for whatever reason, you’ve got to stop airplanes on the ground,” said Arroyo, who is a former United Airlines pilot. “And not put them in the air where you’re going to risk not being able to communicate with them.”

Friday’s ground stop was different than the one after Sept. 11 because planes were not being told to land immediately and pilots likely were able to communicate with ground controllers at airports, Arroyo said.

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AP writer Mead Gruver contributed to this report from Fort Collins, Colorado.

This is a developing story and will be updated.

By the time Gov. Gavin Newsom spared the lives of over 500 prisoners who were sentenced to death last week in the nation’s largest act of mass clemency, capital punishment had long become an afterthought in California.

The state hasn’t executed anyone since 2006. Newsom guaranteed that wouldn’t change when he issued a moratorium on the practice shortly after taking office in 2019. He later dismantled the San Quentin State Prison death chamber and sent condemned prisoners across the state to other facilities.

Of the 548 people whose sentences he moved to commute last week, the vast majority were waiting to be appointed lawyers for appeals and challenges. Just 45 faced imminent execution if the moratorium were lifted, though that was unlikely with Newsom’s successor, Gov.-elect Xavier Becerra, saying he also would not execute anyone while in office.

And even before Newsom acted, a pending California court case that argues the death penalty is applied in such a racially biased manner that it’s unconstitutional, might end the imposition of death sentences indefinitely.

Voters as recently as 2016 indicated they wanted to keep the death penalty on the books when they passed a ballot measure to speed up executions and rejected one to repeal the practice. Death penalty opponents believe they won’t immediately have to run another campaign to repeal capital punishment if they prevail in the court case.

Still, the contradictory status quo remains: Like about half of U.S. states, California still has the death penalty on the books. It also allows for a death sentence under broader circumstances than any other state, according to the Death Penalty Information Center. Those include the murder of a police officer, prosecutor or any other public official, and murders involving gang activity or financial gain.

Local prosecutors have vowed to continue pursuing the punishment when allowed, meaning the state is likely to slowly continue sending defendants to death row, even if the Supreme Court approves all of Newsom’s commutations.

“I think for all intents and purposes, the death penalty is over in California and nobody will be executed again,” said Michael Romano, director of the Three Strikes Project at Stanford Law School, who chairs a state committee on revising criminal sentences. “The energy and focus and money around criminal justice reform have shifted elsewhere.”

Romano predicted advocates will turn their attention to issues like restricting solitary confinement in jails and prisons and changing the cash bail system.

It’s unclear where California voters stand, but in a nationwide Gallup poll conducted in October in the wake of a botched execution in Tennessee, American support for capital punishment dipped just below the majority for the first time in 55 years.

The sweeping commutations mark how far California has moved in three decades, from the nation’s toughest crime laws to, under Newsom, experimenting with a Nordic approach focused on rehabilitation and preparing most offenders to re-enter society.

Despite their 2016 vote in favor of the death penalty, Californians have also since 2012 passed ballot measures to reduce criminal sentences. The Legislature has passed several laws allowing prisoners new release opportunities and the state Board of Parole Hearings earlier this year allowed some prisoners serving life without parole to gain the opportunity to be resentenced, inspiring a legal challenge from law enforcement groups.

Even Proposition 36, the tougher-on-crime measure voters approved overwhelmingly in 2024, focused on requiring defendants in drug- and theft-related cases to undergo treatment rather than go straight to jail. Results have been mixed, with few defendants getting mandated treatments, CalMatters has found.

“It wasn’t, ‘Lock people up,’” Romano said. “It was, ‘We are going to give people rehabilitation.’”

For San Bernardino County District Attorney Jason Anderson, that “doesn’t change the fact that the law still allows for the death penalty to be sought.”

Anderson, who opposed Newsom’s commutations, is one of several district attorneys who have said they’ll continue to push for death sentences when appropriate, including in Los Angeles, Riverside and Orange counties.

He discusses the likelihood an execution won’t happen with murder victims’ families when deciding whether to pursue the death penalty, Anderson said, but the moratorium doesn’t deter him. Nor, he noted, has it deterred juries that recommend the sentence.

“All that other stuff is a side argument,” he said, of the long appeals process and unlikelihood of an execution.

Since Newsom’s moratorium, Anderson’s office has secured death sentences against five men.

Another one is on the way. Louis Gabriel Lucero of Victorville pleaded guilty this year to killing his girlfriend and her two sons in 2020. Last month a jury recommended the death penalty and a judge next month will decide whether to impose it or a sentence of life without parole. If he’s sentenced to death, Lucero would be among the first to be sent to a post-clemency death row.

Of the 40 condemned prisoners from San Bernardino County, nine had their sentences commuted automatically by Newsom; the state Supreme Court will need to review those of 31 others who had more than one felony conviction. Anderson has filed a motion to unseal their criminal records so the details of their crimes and what he called their “recidivist nature” are public as the court considers Newsom’s requests.

The Criminal Justice Legal Foundation, which opposes the commutations, has filed similar motions. State public defenders and anti-death penalty advocates have also filed briefs supporting the commutations.

Anderson said while he respects differences of opinion on capital punishment, he disagreed most with Newsom’s wholesale commutations, saying the governor should have considered each case individually and that if his goal was to end the death penalty he has “enough power, prestige and political savvy to put another proposition on the ballot.

“You have a law on the books that’s essentially been overridden by one person,” he said.

Newsom said, in an open letter last week to Californians explaining his decision, that he didn’t want to create two tiers of murder victims in which some perpetrators deserved to die for their crimes and others did not.

“I carefully considered different categories of capital crimes and offender characteristics,” he wrote. “I have learned, however, from speaking with the victims harmed by these crimes, that each experiences their loss as the worst of the worst.”

Rather than propose another ballot measure, death penalty opponents are instead hoping a state court strikes down the death penalty in a case brought by the NAACP, the American Civil Liberties Union and the Office of the State Public Defender.

In a novel challenge to the death penalty, the plaintiffs argue California death sentences are broadly applied with such stark racial disparities that it violates state constitutional protections against discrimination. They say four decades of sentencing data show that Black defendants are up to 8.7 times more likely to receive a death sentence than other defendants in murder cases. Defendants are 8.8 times more likely to receive the death penalty in cases with a white victim than a non-white victim. The state Supreme Court allowed the case to move forward in August; a Sacramento County court is now hearing evidence.

The plaintiffs seek a court order barring counties from imposing death sentences. If they prevail, the death penalty would remain in state statute, said Avi Frey, deputy director of criminal law at the ACLU of Northern California, but “any county that tried to bring a capital prosecution would first need to demonstrate that they had basically corrected” any racial disparities.

Natasha Minsker of the California Anti-Death Penalty Coalition said she’ll now advocate for district attorneys like Anderson to stop seeking the sentence. San Bernardino and Riverside counties are among the top 10 counties seeking death sentences in the nation, Minsker said.

“The reality is most district attorneys in California understand that the death penalty is a failure,” she said. “That is where we’re turning our attention, to those counties that really are outliers.”

Tinisch Hollins is a crime victim and executive director of Californians for Safety and Justice, which advocates for using state funds currently spent on incarceration on crime prevention programs instead.

The commutations, she said, offer some finality in the death penalty debate that she hopes will allow policymakers to move on to other changes in the criminal justice system. She wants the state to expand victims’ services like cash assistance and mental health services for survivors of violence, and to consider more programs that allow prisoners to face crime victims as part of their rehabilitative efforts. And she said even those prisoners whose crimes were eligible for death affect the rehabilitation of others when they interact with other prisoners.

“Their fate is already sealed,” she said, of those whose sentences were commuted to life without parole. “Even for people who have committed the most serious crimes and those who may not ever have the opportunity to return to society, what do we want to happen during their sentence? What do we want to put our dollars toward that will ultimately ensure our future safety?”

This article was originally published on CalMatters and was republished under the Creative Commons Attribution-NonCommercial-NoDerivatives license.