Green v. United States

B. FLETCHER, Circuit Judge,

specially concurring:

I concur in the result. I write separately, however, to clarify our holding in Miller v. United States, 163 F.3d 591 (9th Cir.1998), and to emphasize that the discretionary function exception does not apply to the government’s failure to warn of an agency-created hazard.

I

The majority concludes that the Forest Service’s decisions regarding “how to attack a fire” and “the allocation of fire suppression resources” are susceptible to a policy analysis grounded in social, economic or political concerns, citing our decision in Miller. Opinion at 1251…