News and opinion about wildland fire
The Blue Mountain Eagle in John Day, Oregon reports that Grant County Sheriff Todd McKinley, arrested Ricky Snodgrass, a USFS employee and prescribed fire burn boss, on October 19, 2022, for reckless burning — while the fire he was supervising was still burning. It is the first time a Forest Service firefighter was arrested in the course of doing his job.
On the day of the burn, weather recorded at the EW3547 Seneca weather station at 2 p.m. was 73°F with 16 percent RH and mostly calm winds that occasionally gusted to 3 mph.
The planned burn, conducted by crews with the USFS and ODF and contract crews, escaped the prescription area, spotting across a road onto private property. Several acres on the adjacent ranch burned before the spot was contained. A conflict erupted with neighbors and Snodgrass called 9-1-1 to report aggressive behavior toward his crews. The sheriff arrived, met with Snodgrass, and then arrested him and drove him to the jail in handcuffs.
Firefighters who remained on the job brought the private land slopover under control in about an hour; they also maintained control of the prescribed burn on national forest land.
Snodgrass was driven to the county jail, where he was officially booked and then quickly released.
The Starr 6 Burn very quickly hit the news and ignited controversy — far beyond Oregon and the wildland fire community.
The story was picked up by news organizations including the Washington Post, The Guardian, NBC News, ABC News, Reuters, and others. Forest Service Chief Randy Moore quickly vowed he would “not stand idly by” after this first-ever arrest, and that he and others would defend USFS employees. The head of the NFFE union said the sheriff interfered with a federal employee in the course of his duties.
Sheriff McKinley eventually completed his investigation and presented the case to the office of Grant County D.A. Jim Carpenter for review, and on February 2, 2024, the case was finally presented to a grand jury, which returned an indictment against Ricky Snodgrass for Reckless Burning, ORS 164.335, a class A misdemeanor that carries a penalty of up to a year in jail and a $6,250 fine.
In the State of Oregon, a person commits the crime of reckless burning if the person recklessly damages property of another by fire or explosion. Not long after Snodgrass’ arrest, Carpenter laid out what he said was the legal standard for determining whether a burn is reckless. “The risk must be of such nature and degree that disregard thereof constitutes a gross deviation from the standard of care that a reasonable person would observe in the situation,” he said.
Arraignment is scheduled for March 4, 2024 at 1:00 p.m.
“It is anticipated that this case will proceed through the court system like any other class A misdemeanor,” said Carpenter. “While this case remains pending, the State will have no other comment on the matter.”
For more information you can email the District Attorney’s Office in John Day at gcdastaff@grantcounty-or.gov or call (541)575-0146. Carpenter’s press release and the Ricky Snodgrass indictment are both posted on our DOCUMENTS page.
~ Thanks and a tip of the hardhat to Geoff.
Tony Chiotti, ace reporter with the Blue Mountain Eagle in
John Day, Oregon, wrote an in-depth report after the Snodgrass
arrest, re-published on 10/26/22 by WildfireToday.
Western Oregon’s recent ice storm cleanup, after one of the worst winter storms in history, is now in the mop-up stage, and firefighters with the Oregon Department of Forestry have teamed up with the City of Springfield to help. For most of a week now, they’ve worked in the Thurston area of Springfield east of Eugene, clearing downed trees and sidewalks. A team of 14 started by clearing students’ paths to area schools.
“We noticed that right after the ice storm, they were using the streets to walk because they weren’t able to access the sidewalk,” ODF forester Kolten Vickers told Albert James with KEZI News in Eugene . “So we started around schools, and now we’re branching off into other parts of neighborhoods.”
Vickers has been with ODF for five years, but this is his first time cleaning up after a winter storm. “Primarily I assist with fires during the summers,” he said. “But with ODF having incident management teams — it’s all incidents. So storm recovery falls under that response.”
Local resident Patty Gori regularly walks the neighborhood with her dogs and was grateful to see the clearing work. “It was a mess,” she said. “But now, it’s amazing. They got so much cleaned up in the last couple of days, I just can’t even believe it.”
Who ya gonna call? Firefighters. Besides clearing streets and chainsaw duty, ODF sent an IMT to coordinate a unified response to the storm.
“You don’t see what’s going on behind the scenes,” said Joe Hessel, from a longtime firefighting family in eastern Oregon. “You see firefighters digging a fireline or public works crews working on city streets. At some point, somebody’s trying to organize that chaotic potential into something that makes sense. That’s what we’re here helping the city do.” Hessel serves as a deputy incident commander for this post-storm incident, but he’s usually an incident commander with a state team. He said the storm response effort was started and led by Lane County and the City of Springfield, but on January 25 they transferred command over to the city, with the IMT from ODF still assisting.
“In large part, the city staff and departments are doing the work, just like when we were with Lane County,” Hessel said. “We’re helping at the highest level to coordinate and put a plan together to ensure that the right work is getting done at the right place at the right time.”
“We do train for incidents outside of wildfire,” he explained. “The ICS system we use on wildfires carries right across to pretty much any other incident. We’ve been to Florida and helped the State of Florida in hurricane response. We’re prepared in the event that there’s an earthquake or a tsunami here. Last year one of our teams, a short team like we have here, went to a county and helped out with a cyber attack and planning for how to manage and deal with that.”
“ODF is great, they do this type of work for a living in fire management, so they have a lot of experience in incident management,” said Ben Gibson, operations maintenance manager with the City of Springfield. “They’ve been a great resource to our emergency operations center staff in helping us move forward smoothly.”
Hessel said both his team and the local crews have learned a lot from each other, and he hopes the information shared between the groups can go a long way in responding to future events. “That transference of skills and knowledge to each other will benefit pretty much either entity,” he said. “And then we’ll actually develop some products we’ll leave behind — some written documents, like a debris removal plan that could be used next time, or a contact list with names on it.”
Eugene and Springfield and the surrounding area endured a record-breaking winter storm with snow and ice and rain and high winds. The storm caused widespread power outages and severely damaged at least 60 percent of the trees at the Mt. Pisgah Arboretum. The storm took out powerlines at the arboretum and necessitated a safety closure, according the a report by Oregon Public Broadcasting. Brad Van Appel, longtime director at Mt. Pisgah, said there was about an inch of ice on the trees and it was more than most of them could take.
“We have 209 acres, much of it full of trees,” he said. “I think nearly every tree took some damage.” For those wanting to help, the arboretum and its sister organization Friends of Buford Park are looking for volunteers, and they can sign up online.
Also of note, ODF is looking for a Wildland Fire Supervisor to manage the fire program down in Klamath Falls. This is a permanent benefited position. $4,918 – $7,244 monthly depending on experience. Recruitment closes January 31.
Details: WILDLAND FIRE SUPERVISOR APPLICATION
A group of four law firms in Oregon and California has sued the Eugene Water and Electric Board (EWEB), Lane Electric, and Bonneville Power Administration (BPA) for their roles in the Holiday Farm Fire east of Eugene, Oregon — part of the Labor Day fire siege of 2020.
In the approximately 200-page lawsuit, attorneys claim the three utility companies neglected to prepare electrical operations and equipment before the fire burned across 173,400 acres and destroyed more than 700 structures. The Holiday Farm Fire burned on the Willamette National Forest, BLM lands, and private property within Oregon Department of Forestry protection units. The lawsuit was filed on behalf of 238 victims who lost homes and property in the fire; the suit asks for $232 million.
As of September 10, 2020, the Holiday Farm Fire — named for a local tourist attraction called the Holiday Farm that included a wedding venue, RV resort, and year-round holiday Christmas gift shop — had burned over 144,600 acres about 14 miles up the McKenzie River from Eugene. Fire behavior and weather conditions were treacherous and kept firefighters from entering many areas, but they did protect some homes by burning out around them.
Jennifer Singh of KEZI in Eugene reported that the case was originally filed with Lane County Circuit Court against Lane Electric and EWEB — for neglecting to safeguard space around their powerlines from unstable trees and other hazards, but new records have revealed evidence that BPA also played a role in the disaster.
The lawsuit should come as no surprise to anyone — except maybe BPA — because local residents and fire officials were discussing the likelihood that the Holiday Farm Fire was ignited by powerlines while it was still in the initial attack phase.
“It wasn’t until the end of last year that we discovered new evidence that pointed to Bonneville Power Administration sparking a second fire,” said Alex Robertson, one of the four attorneys for the plaintiffs. He said that second fire merged with the Holiday Farm Fire. BPA provided power to EWEB and Lane Electric, and failed to power down its lines in a public safety shutoff. On Labor Day a danger tree fell onto a BPA line on Highway 126 and ignited another fire about 4 miles away.
This is the evidence that caused the law firms to bring BPA on as a co-defendant for the suit filed as a federal case — BPA is a federal agency, so unlike previous cases in county circuit court, this suit will be heard in federal court. The earlier case filed against Lane Electric and EWEB was dismissed to combine with the suit against the BPA.
Robertson said that on the same day the new lawsuit was filed, January 16, another suit was filed by 60 insurance companies seeking reimbursement of claims already paid to homeowners.
The Forest Service and Inciweb have wiped most of the records of the fire from their websites, but a BAER summary [PDF] of the Holiday Farm Fire is still available online.
PacifiCorp will pay another $85 million to nine more victims of the 2020 Labor Day fires, after a jury in Multnomah County on Tuesday recorded the latest verdict in a series of lawsuits that means billions of dollars in liability costs for the Portland-based utility company, according to an AP report.
“PacifiCorp has settled and will continue to settle all reasonable claims for actual damages under Oregon law,” the utility said. The western Oregon fires were among the worst in the state’s history, killing nine people, burning 1.2 million acres, and destroying upward of 5,000 homes and other structures. Though the extreme fires were not unprecedented, the Labor Day fires burned more of the Oregon Cascades than had burned in the previous 36 years combined.
A jury in June found PacifiCorp liable for negligence in its failure to de-energize powerlines for its 600,000 customers — after the utility was warned by fire officials and emergency managers that its powerlines had started multiple fires and that there was an emergency need to cut power in at-risk areas because of the extreme fire danger.
Plaintiffs were awarded $71 million in that case.
PacifiCorp agreed last month to pay $299 million to settle a lawsuit by 463 plaintiffs who lost homes and other property in southern Oregon wildfires in September 2020. That jury awarded around $90 million to 17 homeowners. The award on Tuesday was the first of cases brought by plaintiffs in the broader class-action suit. More trials are set for February and April.
After a Lane County Circuit Court judge in Oregon denied PacifiCorp’s motion to dismiss the negligence claims back in December, KOIN-TV reports that a Willamette Valley winery is wanting accountability from utility companies after the devastating 2020 Labor Day fires.
Brigadoon Vineyards filed in June 2023 with negligence charges against Pacific Power — and its parent company PacifiCorp. KGW-TV reported last week that several vineyards in the Pacific Northwest have sued the utility company, claiming that the utility company’s powerlines started some of the 2020 Labor Day fires, which tainted grape crops at numerous wineries with smoke wafting over Northwest vineyards during and after the 2020 firestorm.
“It boggles the mind that they had an opportunity to turn off the power and they didn’t do it.”
Brigadoon argues in court that the Labor Day fires — the Santiam, Echo Mountain, Archie Creek Complex, 242, and South Obenchain fires in western Oregon in 2020 — resulted from PacifiCorp’s electrical system failures and the utility’s decisons to not de-energize its powerlines — caused smoke to taint the winery’s grapes, which crippled wine production and the winery’s sales. Multiple lawsuits filed by Willamette Valley vineyards and wineries against PacifiCorp, the parent company of electric utility Pacific Power, will proceed in court after several recent rulings. Attorneys for the winemakers plan to get other affected businesses on board with the legal action.
Elk Cove Vineyards, Willamette Valley Vineyards, and Brigadoon Winery thus far are just three of the affected winemakers to sue PacifiCorp individually. The complaints were filed separately but are all substantively similar — they each allege that PacifiCorp equipment failures ignited several of the Labor Day fires of 2020, and that the smoke from those fires then damaged grapes, the grape harvest, and wine sales for the wineries. Complainants are seeking almost $16 million in damages.
KOBI5 recently reported that Elk Cove Vineyards, Willamette Valley Vineyards, and Brigadoon Winery are just three of the winemakers to sue PacifiCorp so far, alleging that the power company’s lines, which they chose to not de-energize, started some of the 2020 fires that tainted or ruined the vineyards’ grape crops with heavy and longterm smoke.
Lawsuits from the 2020 Labor Day weekend fires have already cost PacifiCorp more than $73 million. Brigadoon Vineyards says PacifiCorp decided to not shut off power despite warnings from the National Weather Service and Oregon officials that a “historic red-flag-warning weather event would occur, producing catastrophic winds in excess of 50 mph, and hot dry air that was likely to cause electrical system failures that would cause dangerous fires.”
Brigadoon Vineyards says they were unable to sell wines to the public at their regular price — if at all –and the winery claims that it lost retail shelf spaces and also suffered reputational damage, which may take 5 to 7 years to recoup after the fires. Brigadoon is just one of several wineries, including Willamette Valley Vineyards, suing PacifiCorp for damages from the 2020 Labor Day fires.
“Our grapes were just in the process of ripening at that time. And so many of the growers in the wineries were not able to use significant amounts of fruit they had grown,” said Jim Bernau, the founder of Willamette Valley Vineyards.