In September 2020, “critical and extremely critical fire weather conditions set the stage for perhaps the most destructive fire season in Oregon history,” according to a report provided to three Portland law firms.
Nicole Brewer, an Oregon-based fire investigator for Envista Forensics, was hired by Stoll Berne, attorneys for a class-action lawsuit against PacifiCorp and Pacific Power by a number of plaintiffs who lost their homes in the four fires that Labor Day: Beachie Creek (Santiam Canyon), Echo Mountain (Otis), South Obenchain (Shady Cove) and Two-Four-Two (Chiloquin).
Stoll, Stoll, Berne, Lokting & Shlachter, P.C., is working with Keller Rohrback, L.L.P., and Nick Kahl, L.L.C., to represent fire victims, including those in the Santiam Canyon.
“This case involves what Gov. Kate Brown has said could be the ‘greatest loss in human lives and property in our state’s history,’” said Cody Berne, attorney for Stoll Berne, in a motion to the Multnomah Circuit Court.
In the motion, Berne alleges evidence shows that “PacifiCorp is likely responsible for most of that loss. The utility for years failed to prepare for fires, failed to properly maintain its electrical equipment, and failed to manage vegetation that encroaches on that equipment.”
In an interview on Nov. 23, Berne said PacifiCorp knew as early as Sept. 3, 2020 that the windstorm was coming but took no steps to prevent its equipment from contributing to or causing fires. Consequently, the 2020 Oregon fires burned over 1.2 million acres, destroyed over 3,000 buildings, and took 11 lives, five of which were lost in the Beachie Creek Fire.
PacifiCorp said a comprehensive Wildfire Mitigation Plan was in place and that a public safety power shutoff, a measure designed to help keep people and communities in high-risk areas safe, would only be taken as a “last resort.” Berne said no later than noon on Sept. 6, PacifiCorp knew that Portland General Electric was warning that it may have to proactively de-energize lines because of the storm.
“Later that evening, David Lucas, PacifiCorp’s vice president in charge of transmission and distribution operations, emailed a forecast to another executive, highlight ‘winds could gust as high as 70 mph’ on Monday and ‘65 mph’ on Tuesday,” Berne said. “The warnings went all the way to Pacific Power’s CEO.”
Berne noted that the U.S. Forest Service warned PacifiCorp and others bluntly, “Our fire danger indices already show extreme fire danger going into this wind event, meaning it will only take one tiny spark to create a dangerous wildfire,” he said. “PacifiCorp did not take action, even as it watched the storm bring down power lines, starting fires as it moved across Washington and Oregon.”
The motion alleges PacifiCorp was indifferent to the extreme danger, did not proactively shut off power, leading people to question why power wasn’t shut off sooner. Witnesses reported damaged power lines were sparking and arcing many hours after the fires ignited, and downed power lines fed a series of small fires that caused the Beachie Creek Fire to grow, said Berne.
During a Beachie Creek site inspection, Bryan Spitulski who has conducted fire investigations for more than 25 years, said the damage he saw was the most severe he had seen in his career.
“PacifiCorp employees traded emails about a news report involving the Santiam Fire, including ‘at least 13 new fires were started between Detroit and Mehama from down powerlines during the peak of Monday’s wind event,’” Berne said.
PacifiCorp maintains that the wildfires are an “act of God” and that the winds caused existing fires to spread, according to reports.
The lawsuit will move forward once a final report on the fires is issued by federal and state officials.
