Yet another blow for PacifiCorp

Guess which utility company in Oregon was ordered in a jury trial to cough up another $42 million for its negligence in starting the 2020 Labor Day fires?

It’s come to feel almost like a late-night comedy routine. Financial damages now total up in the billions of dollars, as PacifiCorp and others have racked up loss after loss in court with people who lost their homes, their properties, friends and family members, and often lifetimes of memories living in scenic river canyons of western Oregon. The utility company was ordered yesterday to pay off 10 more victims of the fires 3½ years ago that were driven by east winds, high temperatures, and flames started by neglected electric equipment owned and (not) maintained by Pacific Power, which is a part of PacifiCorp, which is a part of Berkshire Hathaway Energy.

Oregon's Labor Day fires
Oregon’s 2020 Labor Day fires — Oregon State Fire Marshal photo

As an Associated Press report explains, in June of last year a jury found PacifiCorp liable for negligently refusing to cut power to its 600,000 electric customers, despite repeated warnings from fire and emergency officials. The jury determined that the utility had acted negligently and willfully and should have to pay punitive and other damages — a decision that applied to a class of current and potential litigants including the owners of up to 2,500 properties.

Tuesday’s decision was the third verdict applied to a specific set of plaintiffs. Last month, a jury awarded $85 million to a different group of nine plaintiffs, and the jury that initially found PacifiCorp liable awarded about $90 million to 17 homeowners named as plaintiffs in that case.

Other PacifiCorp lawsuits over the Labor Day 2020 fires are detailed HERE   and HERE and HERE and HERE and HERE and HERE and HERE and HERE.  Thousands of other class members are still awaiting trials, though the sides are also expected to engage in mediation that could lead to a settlement.

The U.S. government is also threatening to sue PacifiCorp to recover nearly $1 billion in costs related to the 2020 wildfires in southern Oregon and northern California, though the company is trying to negotiate a settlement. The PacifiCorp website says the company leads in wildfire mitigation, and its system-wide, six-state plan includes in-house emergency management and meteorology and data science teams — and features the installation of over 450 weather stations, grid hardening, fire-risk modeling software, and an “enhanced” vegetation management program.

“The safety of our employees, customers, and communities remains our top priority,” declares PacifiCorp.

Meanwhile in southeast Idaho, renewable energy developer NorthRenew Energy has sold its 300-MW-plus Arco Wind and Solar project in southeast  Idaho to PacifiCorp. This is NorthRenew’s ninth project sale since the company’s inception in 2017.

Texas battling numerous large fires

WEDNESDAY EVENING UPDATE FROM CNN:
Fires burning in the Texas Panhandle and in Oklahoma have evacuated towns and killed at least one person. The 850,000-acre Smokehouse Creek Fire started Monday and is now 3 percent contained; it’s the second-largest fire in the state’s history.


Wildfires in the Texas panhandle are burning rapidly across drought-parched miles of grassy fuels, threatening towns and evacuating residents. How did the state’s second-largest fire ever burn to well over a half-million acres in just a couple days?

Smokehouse
On the night of February 27 strong winds pushed the Smokehouse Creek Fire across several roads in the Texas Panhandle. Texas A&M Forest Service photo.

High winds and drought, mostly, according to the National Weather Service’s Amarillo office. The East Amarillo Complex in 2006 burned over 900,000 acres — in the same general location. Samuel Scoleri, a forecaster at the NWS, told Isabella O’Malley with the Associated Press that dry winters are fairly standard in the Panhandle, but temperatures on Tuesday were in the 70s rather than the usual 50s and 60s for late February. “It kind of just feels out of the ordinary,” he said, “considering at the top of the month we had places get almost half a foot of snow down south.”

Politico reported that the largest of the fires, the Smokehouse Creek Fire, closed highways and a nuclear weapons site. The Pantex facility for assembling and disassembling the country’s nuclear arsenal shut down operations Tuesday night as fires burned near its facility 30 miles east of Amarillo. Pantex issued a statement online saying it had paused operations until further notice.

Texas Panhandle fires
Smokehouse Creek Fire 02/27/2024

The Smokehouse Creek Fire near Stinnett was first reported Monday evening;  USA Today said by Wednesday the fire had grown to about 500,000 acres — twice its estimated size on Tuesday evening — and was still at zero containment, according to the Texas A&M Forest Service.

ABC7 News reported that Texas Governor Greg Abbott announced a disaster declaration yesterday for 60 counties, including all 26 counties in the Panhandle.

Texas fire map
Texas fire map

Officials are warning those who evacuated from the town of Fritch ahead of the Smokehouse Creek Fire that destruction there is considerable. “People who live in the Fritch area are probably not going to be prepared for what they’re going to see as they pull into town,” said Deidra Thomas with the Hutchinson County Emergency Management. “There are still homes that are on fire.” The main road into the south side of Fritch is still closed.  “Right now, we can’t let you in,” she said. “It is not safe to do that.”

Texas fires 02/28/24
Wildfires northeast of Amarillo in the panhandle, 06:00 EST 02/28/24 28, 2024. The largest, the Smokehouse Creek Fire, is estimated at 500,000 acres.

The governor also directed the Texas Division of Emergency Management (TDEM) to activate emergency response resources for local firefighters battling the multiple fires. “I issued a disaster declaration today to ensure resources are deployed to areas in the Texas Panhandle,” said Abbott.

Strong winds, unseasonably high temperatures, and dry grass are fueling the fires. Hot and dry and windy conditions should continue in the region in the coming days.

FIRE DANGER: Texas A&M Forest Service
FIRE DANGER: Texas A&M Forest Service

Dry conditions and above-normal temperatures resulted in parts of the state facing increased fire risks, according to the Texas A&M Forest Service. Several wildfires across the Panhandle started on Monday, and the Forest Service responded to 13 new requests for assistance on wildfires burning nearly 80,000 acres across the state. CNN reported that the Smokehouse Creek Fire burned 500,000 acres in under 48 hours and forced evacuations in multiple counties. That’s more acres than the combined total of all Texas fires for 2023. Numerous homes on the perimeter of the town of Canadian were burned, Hemphill County Judge Lisa Johnson told The Canadian Record.

The Associated Press reported that fires tore through sparsely populated counties on the High Plains dotted with oil rigs and cattle ranches. By this morning wind speeds had decreased and the humidity has risen. Northwest winds are predicted throughout the morning, shifting to the east around 6 mph late in the afternoon, then to the south late in the day. Forecasters warned there’s also potential for wildfire fire activity in East Texas, the Rolling Plains, and western Cross Timbers, and fire conditions will likely pick up and increase again by the weekend.

There are currently 63 counties with burn bans in place.

 ~ Thanks and a tip of the hard hat to Jim, Brian, and Patrick.

THURSDAY WEBINAR: Don’t miss this

Voices from the global fire community

 

 

 

THURSDAY, FEBRUARY 22 at 3:00 PM MST

aim camera here to registerReflections from 20 years
Examining the Social Dynamics
of Fire Management

Sarah McCaffrey, PhD

 

 

 

 

 

 

Sarah McCaffrey retired in 2022 after 20 years as a fire social scientist with the U.S. Forest Service; her research focused on understanding the social dynamics of fire management. This included research projects examining the role of risk perception and risk attitudes, social acceptability of prescribed fire, homeowner mitigation decisions, evacuation decision making, risk communication, and agency-community interactions during fires. Since retirement she has been involved with research and practitioner efforts to improve future fire outcomes, including as an adviser to the Gordon and Betty Moore Foundation Wildfire Resilience Initiative and as board member for Fire Adapted Colorado.

REGISTER HEREMcCaffrey received her PhD in 2002 from the University of California at Berkeley, where her dissertation examined homeowner views and actions in relation to defensible space and fuels management at Incline Village, Nevada.


The International Association of Wildland Fire (IAWF), the Pau Costa Foundation (PCF), and the Association for Fire Ecology (AFE) organize the Partner Webinar Series, a monthly series that brings together diverse voices from the global wildland fire community. To suggest a topic or speaker for this series, please contact us.

1959 Decker Fire memories

We got a note today from Anna Dailey about the 1959 Decker Fire, which Bill Gabbert wrote about back in 2013. Three of the six firefighters killed on the Decker were El Cariso Hotshots — Bill Gabbert’s old crew.

Boyd Edwards, El Cariso Hotshots
Boyd “Mike” Edwards, El Cariso Hotshots

“I just read the report on the Decker Fire of 1959. My 2nd cousin Boyd M. Edwards was killed on that fire. Although Boyd, or Mike as the family called him, was killed about 2½ years before I was born, I grew up knowing how his death devastated our family. Not much was shared with me regarding his death, all I knew was that he died the summer after high school graduation fighting a fire. Now I know many of the details and I was in tears reading it. RIP to everyone who lost their lives that day and the days that followed.”

Anna attached a picture of Boyd, who was buried in Huntington Beach, California. She said she never knew until reading Gabbert’s report this week that her cousin lasted 8 days in the hospital before he succumbed to his injuries.

(NOTE in Gabbert’s 2013 news post that there used to be a report about the Decker Fire on wildfirelessons.net and it’s no longer there. The 1959 report is HERE.)

Bill Gabbert wrote in 2016:
The official report did a pretty good job of explaining the important facts of August 8, 1959. But more than half a century later, a former firefighter who served on the El Cariso Hotshots from 1963 through 1966 conducted extensive research on what happened that day in 1959 and assembled many details that were not included in the U.S. Forest Service report. Julian Lee, Professor of Biology, Emeritus at the University of Miami (now living in New Mexico), made available to us his 27-page description of the Decker Fire. It is very well written and comprehensive, laying out the details of what occurred during and after the fire, as well as providing some analysis.”

Map from Julian Lee’s report on the fatal Decker Fire:

Map from Julian Lee’s report on the fatal Decker Fire.

ALSO:
https://wildfiretoday.com/2013/08/08/firefighters-on-falls-fire-observe-anniversary-of-decker-fire/

The Decker fire, 51 years ago today

https://wildfiretoday.com/2011/10/08/wildland-firefighter-memorial-dedicated-in-california/

Decker fire, 50 years ago today

El Dorado Fire couple finally sentenced

The couple who ignited the huge 2020 El Dorado Fire in San Bernardino County, California by exploding a pyrotechnic device during a “gender-reveal party” was sentenced Friday after reaching a plea deal with prosecutors, according to a report by the Los Angeles Times.

Charlie Morton, Big Bear Hotshots
Charlie Morton, Big Bear Hotshots

The couple accidentally started the 22,000-acre fire on a scorching hot day in a park in southern California with a device that was supposed to blow either blue or pink smoke. The fire killed USFS firefighter Charlie Morton, a squad boss with the Big Bear Hotshots, injured two other firefighters and 13 civilians, destroyed five homes, and forced hundreds of people to evacuate ahead of the fire.

The San Bernardino County district attorney’s office said Refugio Manuel Jimenez Jr. was sentenced to a year in county jail and two years of felony probation, plus community service — after he pleaded guilty to felony involuntary manslaughter (in Morton’s death) plus two felony counts of recklessly causing fire to an inhabited structure.

USA Today reported that besides jail time, Jimenez will owe 200 hours of community service and will also serve two years of felony probation.

“Resolving the case was never going to be a win,” San Bernardino County district attorney Jason Anderson said. “The Defendants’ reckless conduct had tremendous impact on land, properties, emergency response resources, and the displacement of entire communities — and resulted in the tragic death of Forest Service Wildland Firefighter Charles Morton.”

Angelina Jimenez pleaded guilty to three misdemeanor counts of recklessly causing a fire to another’s property; she was sentenced to a year’s probation and community service. The Jimenezes were ordered to pay victim  restitution of $1,789,972.

Charlie Morton hired on with the San Bernardino National Forest in 2007 and worked on both the Front Country and Mountaintop Ranger Districts, for the Mill Creek Interagency Hotshots, Engine 31, Engine 19, and the Big Bear Interagency Hotshots. “Charlie is survived by his wife and daughter, his parents, two brothers, cousins, and friends,” wrote his family at that time. “He’s loved and will be missed. May he rest easy in heaven.”

A note from the Chief’s Office at the time said, “The loss of an employee in the line of duty is one of the hardest things we face in our Forest Service family. Our hearts go out to Charlie’s coworkers, friends and loved ones. Charlie was a well-respected firefighter and leader who was always there for his squad and his crew at the toughest times.”

RIP Charlie and all his brothers.

The couple who ignited the huge 2020 El Dorado Fire in San Bernardino County, California by exploding a pyrotechnic device during a “gender-reveal party” was sentenced Friday after reaching a plea deal with prosecutors, according to a report by the Los Angeles Times.

Charlie Morton, Big Bear Hotshots
The couple accidentally started the 22,000-acre fire on a scorching hot day in a park in southern California with a device that was supposed to blow either blue or pink smoke. The fire killed USFS firefighter Charlie Morton, a squad boss with the Big Bear Hotshots,

Less than 70 percent of Kansas wildfires are reported. Here’s why:

Kansas’ recognition as a top fire state has long been overdue.

The state experiences at least 5,000 wildfires annually, which ranks it among the top five states for number of wildfire incidents in the country among the likes of Texas, Oregon, and Montana. Kansas is also a top prescribed burning state in acreage, with well over one million acres burned yearly, according to the Coalition of Prescribed Fire Councils.

Despite this, Kansas is far from the first state many think of when wildfires are mentioned. A large reason for this, according to Kansas Forest Service Interim Fire Management Officer Eric Ward, is that wildfires have been chronically underreported throughout the state.

“The lack of reporting has been identified for years as a problem,” Ward said. “The problem is that, unlike many states, wildfires are nearly 100 percent a local responsibility.”

Kansas fire

The Kansas Governor’s Wildfire Task Force final report of 2023 estimated  that around 30 percent of the state’s wildfires go unreported annually. Ward attributed the underreporting to two aspects of the state: the lack of federally-owned land and the state’s designation as a “Home Rule” state.

In the nation, Kansas has the third-least amount of federally owned land compared with  privately owned land, according to a 2020 Congressional Research Service report. Only 253,919 acres of Kansas’ total 52,510,720 acreage, or 0.5 percent, is federally owned. The only other states with such a low federal land ownership are Connecticut and Iowa, both at 0.3 percent.

Additionally, Kansas has been a Home Rule state since 1961 by constitutional amendment, meaning that local jurisdictions, to an extent, have greater autonomy — and state interference in local affairs is limited. Kansas is also a “Dillon’s Rule” state, meaning that local governments only have powers that are explicitly assigned to them.

Kansas fire

Because of this combination, the duty of reporting usually falls to local jurisdictions, some of which fail to file the proper paperwork.

“[Kansas Forest Service] supports local fire departments as requested on major incidents, but as a home rule state, the local jurisdiction is still in charge, and responsible for reporting,” Ward said.

“With the vast majority of departments being small volunteer departments, some simply ignore the state law that requires reporting. And no one at any level of government wants to prosecute a local volunteer fire chief for not doing paperwork. So, many simply never get reported.”

Research suggests Kansas and other wildfire-prone states are projected to have 30 more days per year of extreme wildfire risk in the near future. To meet the current and future wildfire challenges, the state appointed a new State Fire Marshal last November and released a new wildfire risk tool last October. However, until wildfires are accurately reported in the state, Kansas won’t be getting the recognition of a top wildfire state that it deserves.

Kansas’ recognition as a top fire state has long been overdue.

The state experiences at least 5,000 wildfires annually, which ranks it among the top five states for number of wildfire incidents in the country among the likes of Texas, Oregon, and Montana. Kansas is also a top prescribed burning state in acreage, with well over one million acres burned yearly, according to the Coalition of Prescribed Fire Councils.