Brian O'Grady v. United States, et al.

In Rayonier, infra, this Court held that the Federal Tort Claims Act (FTCA) “makes the United States liable (with certain exceptions which are not relevant here) for the negligence of its employees” in responding to wildland fire, ruling that none of the FTCA statutory exceptions apply in this context. (Emphasis added). Yet, four subsequent Circuit Courts of Appeals have all held that the FTCA “discretionary function exception” bars liability for negligent wildland fire response, contrary to Rayonier. Given the conflict, is the United States liable for the negligence of its wildland fire managers?