Lawsuit takes aim at BPA, EWEB, and Lane Electric

EUGENE: KLCC Radio reported this week that a federal lawsuit has been filed against a federal agency and two power utilities citing failures that could have helped prevent the September 7th, 2020 Holiday Farm Fire. The complaint, which seeks damages of damages of $232 million, was filed with the Ninth District Federal Court on behalf of 188 individuals, 8 minors, 18 companies, and 24 family or investment trusts.

In contrast, Lane County had dropped its September 2022 lawsuit against Eugene Water & Electric Board and Lane Electric Cooperative over the Holiday Farm Fire. Preliminary findings from that case estimated total damages between $500 million and $1 billion, while county counsel Erin Pettigrew said EWEB and LEC would be able to pay at most $50 million because of their resources.

Commenting on the board’s vote 4-0 to step out of the case, East Lane County Commissioner Heather Buch said it was “unlikely that with all the plaintiffs remaining, Lane County is likely to receive anything of any substantial value from proceeding forward.” Buch added that “as we can dismiss our claims to these two entities, it will ensure that others still have a claim and maybe even a higher claim than we once had if they’re successful.”

The commissioners also cited a judge’s decision to limit recovery to physical property damage and limited projected payout, at most $2.5 million, according to Pettigrew, as reasons to drop the case.

The remaining plaintiffs blame the fire that killed one person and destroyed 723 structures, including 517 homes, on utilities for not cutting off power following extreme weather warnings. They allege EWEB’s lines, which were de-electrified, were knocked over by a tree in the windstorm, hit LEC’s lines, and re-energized, igniting the nearby vegetation.

Roberston Associates LLP, Brady Mertz PC, Rick Klingbeil, and Foley, Bezek, Behle & Curtis, LLP are moving forward with the new suit based on allegations of gross negligence by Bonneville when conditions were extremely hot, dry, and windy.

Language in the complaint includes an assertion that “at the time the EWEB/LEC fire ignited, the wind gusts were estimated to be around 60 miles per hour with sustained winds of 40 miles per hour, causing the fire to spread rapidly. Because of LEC’s delays and EWEB’s non-response, firefighters and emergency workers had to stand by while the EWEB/LEC fire spread westward and became uncontrollable, eventually merging with the BPA fire to become the Holiday Farm Fire.”

In addition, KLCC reported that “on Jan. 16, the same day this lawsuit representing 238 claimants was filed, another one representing nearly 60 insurance companies was also filed against BPA, EWEB, and Lane Electric. A lawyer with a firm based in San Diego has confirmed with KLCC that they’re working on a lawsuit of their own. That’s on top of another one they filed last September in the Court of Federal Claims, which BPA has until Feb. 12 to respond to.