PacifiCorp’s legal troubles over the 2020 Labor Day fires have reached a fever pitch as damages trials and settlements ramp up, and lawmakers consider consumer protections for wildfire suits.
For continuing coverage of 2020 wildfire litigation including the latest jury awards, go to ourtownsantiam.com.
The Oregon Court of Appeals heard oral arguments Feb. 4 in PacifiCorp’s appeal of James et al vs. PacifiCorp, an ongoing class action lawsuit over the Santiam, Echo Mountain Complex, South Obenchain and 242 Fires. PacifiCorp argued there was insufficient evidence to certify the class much less bring the matter to trial and asked for a 2023 jury’s finding of negligence to be overturned. Plaintiff attorneys told justices there was not only ample evidence of negligence but the jury also found grounds for recklessness and willful disregard, and argued the verdict should stand.
$53.8 million has been awarded since the beginning of February to 10 plaintiffs as new damages trials begin every week. As of February damages trials are being held four times per month to more speedily resolve pending claims as parties have yet to reach a settlement. Plaintiffs at the most recent trials testified about harrowing evacuations and wrenching losses. More than 1,600 claims remain unresolved, representing possible awards of more than $8 billion.
A proposed ban on wildfire surcharges is working its way through the Oregon Senate. SB 1553 would ban power companies from charging ratepayers to recover court awards and civil fines for wildfires caused by negligence, and no more than half of settlements over such claims. The bill must pass both chambers by March 8 to become law.
The U.S. government settled for $575 million with PacifiCorp Feb. 20 for wildfire damage to federal land in Oregon and California. The lawsuit settles claims over the Echo Mountain Complex, South Obenchain, Archie Creek and 242 fires in Oregon, and the Slater and McKinney fires in California. PacifiCorp denies liability for the Santiam fire, blaming damage on the lightning-caused Beachie Creek Fire.
