Soil Toxicity — PostFire

soil contamination

considerations

Some variables to keep in mind while making decisions

about soil testing and remediation.

This guide builds off the work of CONSORTIUM and their findings about soil contamination after the 2025 LA fires.

This guide should not be taken as medical or legal advice.

Consult with a licensed professional about the specifics of your situation.

Contamination

Can Affect

Property Value

By law, you must disclose past fire damage and known contamination when selling a property in California.

Buyers, lenders, and insurers may ask for proof that your soil is free of contamination. If you can’t provide test results or documentation of remediation, you may face lower offers, delays, or outright refusals.

Note: If your property tests positive for contaminants, you are required to disclose that in the event of a sale. If you have not properly remediated, it could affect your property value or ability to sell.

check with your

insurer

Ask your insurer these questions in writing before you pay for testing or cleanup.

Does my policy cover soil testing after the fire?
Does my policy cover soil remediation?
Will you pay for professional testing as part of your investigation?
Does a pollution exclusion apply to my claim, and why?
What am I required to disclose about known contamination, and when?
Will disclosing contamination affect my renewal or premium?

Insurers routinely resist soil claims and lean on the pollution exclusion. Some survivors still win coverage by arguing the contamination is part of a covered fire loss. File a claim and make sure you get any denial in writing.

TIP:

TIP: United Policyholders is a nonprofit that helps California wildfire survivors with insurance disputes. Contact them before you accept a denial or a low settlement. Their help is free at uphelp.org.

keep records of

what you do

Use a California ELAP-certified lab to test your soil, and ask for chain-of-custody documentation with your results so they hold up for any legal or insurance claims.

Keep copies of your soil test results, remediation plan, permits, disposal records, invoices, photographs, and any post-remediation testing.

something to know about self-submitted tests

If you are unable to access professional testing, you can self-submit samples to USC’s free CLEAN program but a few things to note:

A negative result from a self-submitted test is not an indication of a toxin-free lot.
These programs only test for lead, which is one of several contaminants that can be present on your property.
Collecting soil samples yourself can expose you to toxins. Be sure to wear proper PPE if you pursue this method.
To obtain a remediation plan, a professional test will be necessary.
A self-submitted test will not suffice for legal claims for damages, so if you plan to claim the cost of testing or remediation, a professional test (with chain-of-custody) will be required.

TIP:

If you are part of a lawsuit (like against SCE), your attorney may cover the cost of your soil testing as part of your case costs.

You may have to pay for this out of any settlement you receive, but it could possibly save you some up-front costs.

watch out

for scams & bad actors

Reports from the Eaton Fire recovery have included contaminated soil being used to backfill residential lots, contaminated soil being illegally dumped on neighboring properties, and contractors performing excavation or hauling without the required permits.

Before hiring a contractor, verify that they are trained to do soil remediation and that their license is up to date.

Be cautious of contractors who:

Recommend a cleanup method before reviewing your soil test results.
Push a single solution without discussing alternatives.
Cannot explain their recommendations in plain language.
Promise a guaranteed or permanent fix.
Refuse to provide a written remediation plan or documentation of the completed work.
Cannot explain where contaminated soil will be taken for disposal.
Perform work without the required permits or documentation.