Law and Lawyers in the Incident Command System

Abstract

The Incident Command System (ICS) provides an organizational framework for responding to disasters, emergencies, and other incidents with timely and coordinated action. Developed in the 1970s, ICS grew in use after September 11th as new statutes, regulations, and directives required federal, state, and local responders to apply ICS to “all hazards,” including fires, floods, earthquakes, and oil spills. In the future, the use of ICS will likely expand nationally and internationally in order to help public agencies and private organizations meet the threats from climate change and other growing concerns. This article introduces legal scholars and practitioners to the Incident Command System theory and practice. From the origins of ICS in fighting California wildfires, through transformative events including September 11th, Hurricane Katrina, the Deepwater Horizon, and Superstorm Sandy, the article traces the development and application of ICS to help readers understand ICS today. As the article demonstrates, legal practitioners must understand ICS in order to advise clients who will be called to work within an ICS organization and in order to serve within an ICS organization directly, such as through the emerging role of ICS legal officer. Legal scholars should also understand ICS because its growing use raises fundamental questions and research needs in diverse areas of law such as legal ethics and climate change adaptation.