Wildfire litigation

GavelPower company and contractors agree to pay nearly $30M for fires

Federal prosecutors in California have reached agreements with a power company and two tree-trimming contractors over two fires in 2004. One burned 7,700 acres in the Eldorado National Forest and the other burned 3,300 acres in the Six Rivers and Shasta-Trinity National Forests. Federal officials said the fires were caused by power lines brought down by falling trees.

Western Environmental Consultants Inc. will pay $11.4 million to cover damage from the fire in the Six Rivers and Shasta-Trinity National Forests. Davey Tree Surgery Co. will pay $12 million for its role in the in the Eldorado National Forest fire. Pacific Gas and Electric Company has agreed to pay $6.1 million.

These are not the largest settlements in California for starting fires. In 2008 the Union Pacific Railroad Company agreed to pay $102 million for starting a fire north of Sacramento in 2000 that burned 52,000 acres of the Lassen and Plumas national forests. Sparks from welders repairing tracks caused the Storrie Fire on August 17, 2000, in Plumas County.

The U. S. Department of Justice and the state of California’s CalFire have been very successful with their Fire Recovery Litigation Teams, assigned to investigate and prosecute individuals and companies who start wildland fires.

Wisconsin Supreme Court awards double damages for 2003 fire

Former Supreme Court Justice Jon Wilcox and 18 other plaintiffs were awarded double the $568,422 that was the result of a 2006 court decision over damages from a 2003 fire started by a negligent camper. The award was handed down by the Wisconsin Supreme Court, five members of which served on the Court with former Justice Wilcox.

Followup on fire near Havre, Montana – Calf gets a ride in command vehicle

Milk River fire Havre Montana
Milk River fire. Photo by Blaine County Sheriff Glenn Huestis

Mapping by the Bureau of Land Management revealed that Tuesday’s wildfire between Havre (map) and Chinook, Montana that Wildfire Today told you about yesterday stretched for nine miles along the Milk River Valley and blackened 12,000 acres. The 175 firefighters battled 50 mph winds that gusted up to 70.

The cause has not been officially determined but the fire started along the BNSF Railway Company right-of-way in an area where a BNSF crew worked on Tuesday.

Here are some excerpts from an article in the Great Falls Tribune:

“There was one time when the fire was flanking us, and we came across a calf lying in a bunch of weeds where her mom had put her,” [Blaine County Volunteer Fire Department Chief Kraig] Hansen said. “We stopped, and I threw the calf in the command vehicle and then we got out of there. We let the fire pass and then I let the calf out.”

[…]

In the end, fire crews from a nearly 130-mile radius stopped the blaze. But while the firefighting effort on the Milk River fire was clearly a success, Hansen and [Havre Fire Department Chief Dave] Sheppard’s enthusiasm was tempered by concern about the months ahead.

“We’re not supposed to have grassfires like this in March,” Sheppard said. “We typically don’t see these types of fires until May or June. It’s tinder dry out there. It’s like August fuels right now. If we don’t get some moisture, it’s going to be a long summer.”

 

Railroad-caused wildfire in Australia spreads to factory. Air tanker and helicopters help suppress.

Two fires caused by a railroad near Adelaide, Australia burned together and spread to a pallet factory. The radient heat as the factory burned was so intense that fire crews could not get close enough to get water streams onto the seat of the blaze, until an air tanker and helicopters cooled it down.

One video is here, but Firegeezer has the whole story with photos and more videos. Check it out.

Railroad locomotive causes fire near ammo plant

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McAlester railroad locomotive fire
McAlester Army Ammunition Plant firefighters Doyle Mitchell, left, and Spec. Amanda Lainberger spray water on a stockpile of railroad ties during a grass fire Monday at the ammunition plant. The fire was caused by an operating locomotive. There were no fatalities or injuries.

A railroad locomotive started a fire on the McAlester Army Ammunition Plant in southeast Oklahoma on Monday which spread into a stockpile of railroad ties. The 20-acre fire extended along one mile of railroad track.

Here is an excerpt from a news release:

…There were no injuries or fatalities. The fire was declared contained at 6 p.m. on Monday but was still smoldering this morning and is being monitored by the McAAP fire agency.

McAAP has about 210 miles of railroad tracks.

Twenty McAAP firefighters, including four who were called back to duty, engaged the blaze using water and foam from six wildfire units and two pumper trucks. Several other independent fires broke out which were quickly contained.

Five buildings and at least six box cars were threatened by the grass fire. A single 500-square foot building already scheduled for demolition caught on fire but was extinguished. The coordinated effort of MCAAP’s fire department, railroad crews and roads and grounds personnel prevented the fire from causing any further damage. The fire was contained and presented no danger to the plant’s personnel and the communities surrounding the installation.

Lake State Railway ordered to pay $295,752 for starting wildfire

The Lake State Railway in Michigan pleaded no contest on January 2 to criminal charges of operating a locomotive without a spark arrestor and was ordered to pay $294,752 in restitution and a $1,000 fine after their railroad engine started a fire in 2008 fire that burned 1,300 acres of forest, several homes, and other buildings near Grayling, Michigan.

Wildfire Today has been covering this story since the Michigan Attorney General, Mike Cox, first filed the charges in February, 2010. Other articles we wrote about the case are HERE, HERE, and HERE.

Below is an excerpt from an article at mlive.com:

Lake State Railway today pleaded no contest to charges of operating a locomotive without a spark arrester in Crawford and Arenac counties, said Joy Yearout, spokeswoman for Attorney General Bill Schuette.

Charges of intentionally setting a wildfire were dismissed as part of the plea deal, said Yearout.

A civil lawsuit against Lake State is pending Crawford County.

An Arenac County judge placed the company on probation for one year and imposed $1,000 in fines and costs plus $294,752 in restitution to be paid to the state within 30 days, she said.

The company also must work with the state Department of Natural Resources and Environment to institute a fire prevention plan, said Yearout.

Lake State is likely to face the same penalty in Crawford County where sentencing is set for 11 a.m. Monday, Feb. 14.

“We’re pleased with this agreement,” said Yearout. “The victims of the fires will receive the restitution that they are owed and the fire prevention plan that Lake State Railway will implement will significantly reduce the risk of any future fires.”

The April 24, 2008, fire caused nearly $934,000 damage and scorched 1,300 acres of Grayling-area woodland, Bay City Times records show.

Damage estimates included $464,000 in timber loss, $370,000 in personal property loss and $100,000 in fire suppression costs, according to Times archives.

Wildfire Today has praised the former Attorney General Cox for holding the railroad accountable for negligently starting fires by operating an engine without the required spark arrestor. While he was in office the state took the right approach to railroad-caused fires, unlike the state of Washington.

We hope the new Attorney General, Bill Schuette, who was sworn in on January 1, 2011, will uphold the law to the same extent as his predecessor, Mike Cox. However we are a little worried that Lake State Railway only received a $1,000 fine for their irresponsible actions and that their restitution was only a fraction of the estimated damages. But we will withhold judgement until after the Crawford County criminal and civil cases are finalized.

Civil suit still pending

On September 17, 2010 the Grayling Game Club filed a civil suit in Crawford County against the railroad. During the fire in 2008, 500 acres of the club’s property burned, in addition to several cabins. Michigan law allows for the club to recover triple the value of the property destroyed, which is estimated to be over $1 million. The club is represented by Southfield, Michigan attorney Paul F. Doherty, who told Wildfire Today that they want the criminal cases to be wrapped up before they take further action in their civil case.

Train derailment, collision, and then explosion

If you have railroad tracks going through your jurisdiction, keep in mind what can happen after firefighters respond to a train derailment. This happened in Poland and is described in an article on SkyNews:

Firefighter Jan Gradkowski said: “When we arrived at the site we found a lot of burning tanks.

“The last tank derailed and collided with a locomotive moving in the opposite direction.

“There is no danger of other tanks exploding, but this is a fire and there might be some unexpected developments.”

Two train drivers were hurt in the blast, however Bialystock mayor Tadeusz Truskolaski has said neither suffered life-threatening injuries.

The explosion can be seen in this video: