Another $250 million for PacifiCorp’s 2020 firestorm liability

PacifiCorp has settled with 10 timber companies in Oregon for $250 million after the utility company was found liable for starting many of the 2020 Labor Day fires.

Oregon Public Broadcasting (OPB) reported that for the second time this month, the utility provider will pay out hundreds of millions to end a lawsuit over its negligence in the wind-driven wildfires that started over Labor Day weekend in 2020 in western Oregon.

The settlement will resolve a lawsuit the timber companies brought against the utility for the Archie Creek Complex in west-central Oregon.

2020 Archie Creek Fire
Archie Creek Fire map, 2:35 p.m. PDT Sept. 22, 2020.

On December 5, the Berkshire Hathaway-owned company paid $299 million to settle another lawsuit brought by Oregon residents who lost their homes and property in the same fire, bringing PacifiCorp’s payouts this month to more than a half billion dollars.

[UPDATE 12/21/2023: How much Pacific Power rates are increasing.]

This lawsuit alleged that PacifiCorp’s employees ignored warnings from the National Weather Service and others on Labor Day weekend and decided to not power down its electrical equipment — or fall hazard trees and clear vegetation around powerlines.

“The 2020 wildfires were undeniably tragic,” the company said in a statement, “and PacifiCorp is pleased to resolve this matter on behalf of our impacted customers and communities.”

“I am proud to have recovered fair and full damages for Oregon’s timber industry,” said attorney Mikal Watts. He said that after the Archie Creek Fire had started, a lineman mistakenly re-energized a line after a tree had fallen into it, which ignited another separate fire. He said the timber companies lost of thousands of acres of timberlands in the fires. Watts explained that he hopes to work with PacifiCorp, along with Oregon lawmakers and utility regulators, to create a statewide risk pool for utilities, which would allow people to receive payouts without the need to file lawsuits after a fire. California created a  similar fund in 2019 after the bankruptcy of Pacific Gas & Electric caused by its wildfire payouts. A risk pool would be funded up front by utility customers and utilities themselves.

“The Public Utilities Commission ought to work together with this utility to try to recoup these costs to make it go away,” said Watts.

2020 fires aftermath

According to a KATU-TV report, PacifiCorp said this settlement is in addition to others with individuals and businesses that lost homes and other property, plus hundreds of insurance claims that PacifiCorp settled in which homeowners and businesses received insurance payments for damages.

Washington protects workers from wildfire smoke

New regulations will require employers in Washington State to protect outdoor workers from wildfire smoke. KING5 News reported that the new regulations will take effect next month, making Washington the third state to establish year-round smoke protections for people who work outdoors. California and Oregon were the first two states to enact regulations.

“Wildfire smoke events have continued to happen in Washington state over the last five-plus years, seeming to be very consistent throughout the state each summer,” said Ryan Allen, senior program manager for the Division of Occupational Safety and Health (DOSH) at the Washington State Department of Labor and Industries.

Wildfire smoke can cause short and long-term health problems. “Our primary pollutant of impact is the PM2.5,” Allen said. “It can get into the small recesses of your lungs and start causing damage within the lung itself.”

Starting in January the department will be enforcing year-round workplace protections for those who work outdoors in Washington. The primary petitioner in this case was the United Farm Workers Union; the initiative was advocated primarily by the community of agricultural workers. Emergency rules were enacted in several states during smoky conditions, but now the rule in Washington will be in effect all year round.

Efforts that employers must make during smoky conditions range based on air quality, and they include providing respiratory protection, requiring N95 masks, and requiring immediate medical attention and relocating the person to clean air when experiencing symptoms of smoke exposure.

Source NM reported that a study published in the American Journal of Public Health found that 87 percent of Americans experienced more days of heavy smoke in 2021 than they had in 2011. The change was marked east of the Mississippi River in states including New Jersey, New York, Ohio, and Pennsylvania — and Western states including Arizona, California, Colorado, and Washington. Eastern and Midwestern states this year were subjected to far more smoke than usual from the record-breaking fires in Canada.

Wildfire smoke contains an unpredictable mix of vaporized chemicals and microscopic particles that can enter the bloodstream when inhaled. The dangers have increased from the days of “forest fires” burning mostly trees and other vegetation; wildland/urban interface fires now often include smoke from burning plastics, construction materials, vehicles, outdoor equipment, and other hazardous fuels.

Dense smoke from the 2020 Beachie Creek Fire in Oregon
 Dense smoke from the 2020 Beachie Creek Fire in Oregon. Inciweb photo.

Even at low levels, pollution from wildfire smoke can irritate the eyes and respiratory tracts of particularly sensitive people including children, older adults, and those with preexisting respiratory or cardiovascular conditions. At higher levels, pollutants in smoke can cause heart attacks and damage lung function.

Lahaina reopens to residents

The heart of the historic town of Lahaina that burned in a deadly August wildfire that killed at least 100 people on the Hawaiian island of Maui is reopening to residents and business owners holding day passes, according to an Associated Press story, and the renewed access marks a big milestone for the victims of the fires. Safely clearing properties and rebuilding will still take a long time, and residents are worried about where on the island the remaining fire debris will be discarded.

Banyan Tree Park, home to a treasured 150-year-old Banyan tree that burned in the fire but is now producing new sprouts, is re-opened, along with the public library, an elementary school, and some restaurants.

Maui air quality map
Maui air quality map

The state Department of Health has confirmed that the ash and dust left by the fire is toxic — and that arsenic is the biggest concern. Arsenic is a heavy metal that adheres to wildfire dust and ash and can be harmful. Samples collected in early November from dozens of sites on the island also showed high levels of lead, commonly used in house paint for buildings constructed before 1978.

The federal EPA is removing risks such as batteries, pesticides, propane tanks, and other hazards and chemicals from local buildings. Residents and property owners can visit their sites after the EPA has cleared them. The U.S. Army Corps of Engineers is hauling debris to a landfill after property owners grant permission, using lined dumpsters that are then wrapped and sealed before they are dumped at the landfill.

Maui air quality map
Maui air quality map

The EPA and the state health department have installed dozens of air monitors in Lahaina and upcountry Maui, where another fire burned in early August. The FIRE AND SMOKE MAP is online; residents snd visitors are advised to avoid outdoor activity during times of elevated air pollution.

Hawaiian Electric seeks federal trial amid dozens of Maui wildfire lawsuits

Attorneys for Hawaiian Electric Company, who face dozens of lawsuits over the utility’s liability for the Maui fires, are trying to move the cases to  federal court and not have the trials set on the island. Most of the lawsuits claim that MECO either caused the fires when high winds hit downed powerlines, or didn’t do enough to prevent damage once the fires were burning.

MauiNow.com video
Video news report by MauiNow.com  

Maui’s power was out before the fires started — but then Hawaiian Electric switched it back on. In congressional testimony, President and CEO Shelee Kimura confirmed what many had already suspected — that the utility re-energized its lines just before the early morning fire took off. Honolulu Civil Beat reported that the power was already out in West Maui at 5 a.m. — caused by the hurricane storm winds on August 8 — and it could have stayed off if Hawaiian Electric had not decided to re-energize the lines.

Ignoring or re-prioritizing the danger, the company rebooted a tripped transmission line, in order to keep the power on to some customers in Lahaina despite the high winds and extreme fire danger. The power was back on about 6 a.m. and within an hour a downed powerline near Lahainaluna Road ignited a fire that was likely the origin of the firestorm that ripped through Lahaina and killed over 100 people. Numerous lawsuits have been initiated since then, and Hawaii News Now reports that HECO is asking the federal courts to try the case in Honolulu with a federal judge.

NASA image, Maui fires 2023

They argue that federal jurisdiction is possible because one of the defendants being sued is out of state.

“I don’t think that there’s authority for what they’re doing,” said Lance Collins, a lawyer for the wildfire victims. “And this just seems to be one huge waste of everybody’s time. It’s a delaying tactic.”

Collins doesn’t believe Hawaiian Electric is trying to avoid a jury made up of Maui residents — a logical assumption — because he says a federal jury would still be sympathetic to the victims. Hawaiian Electric argues that the federal courts have more resources for a case of this magnitude.

All the lawsuits are expected to be combined into a single trial.

Reuters, meanwhile, reports that Hawaiian Electric  is already advancing a plan to replace six of its fossil-fuel generators with renewable energy sources, which will add more around-the-clock renewable generation. The utility company has begun contract negotiations for 15 renewable energy projects, advancing toward Hawaii’s goal of 100 percent renewable energy by 2045.

moving

Santa Anas push SoCal fire to almost 2500 acres

Officials issued evacuation orders yesterday after a brushfire took off in southern California’s Ventura County. The South Fire burned over 2400 acres by Saturday evening, according to Ventura County Fire Department.

KCAL News reported that heavy winds were pushing the fire.

Santa Anas December 10 2023
Santa Anas December 10 2023

“Right now it’s light, flashy fuels,” said VCFD Captain Steve Kaufmann.  “Most of it is the regrowth that we’ve had from the Maria Fire (2019) a few years back. It’s still erratic conditions, the firefighters are seeing hot flames and the fire kinda goes anywhere it wants to.”

 

Late last night, evacuation orders were in place for people on the south side foothills of South Mountain; evacuation warnings were issued for the area near S. Mission Rock Road north of Highway 118, south of the Santa Clara River and east of S. Briggs Road; numerous other road closures were in effect. Evacuation orders are posted on the Ventura County Emergency website. A temporary evacuation center was established at Ventura College. Airtankers and helicopters were en route this morning, and by noon over 100 firefighters were on the fire.

 ~ Thanks and a tip of the hardhat to Norman.