KJ McElrath  |  September 3, 2019

Category: Legal News

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california wildfiresIn a recent lawsuit, the federal government has accused So Cal Edison and a company responsible for trimming vegetation for a 2016 wildfire in the Los Padres National Forest near Santa Barbara, also known as the Rey Fire.

Also named as defendants are Internet provider Frontier Communications Corporation and Utility Tree Service (UTS), a contractor that was responsible for monitoring and trimming vegetation near power lines. According to the federal complaint, So Cal Edison and UTS were aware of a diseased tree that was in danger of falling on to power and communication lines and failed to remove the hazard.

The Rey Fire of 2016

What is now called the Rey Fire was initially reported in August 2016. About 36 hours later, the fire had expanded, covering more than 13,000 acres. By the following Monday, approximately 1200 firefighters and 11 aircraft were engaged in attempts to contain the blaze, which by that point had spread to over 23,500 acres. Full containment of the fire took nearly a month; by the time it was over, the Rey Fire had destroyed over 32,600 acres.

Was So Cal Edison Responsible?

The current lawsuit states that So Cal Edison had an obligation to “trim all branches near contact with the subject lines, and to remove all trees … deemed to be hazardous” by brushing up against or falling on power lines. This task was contracted to UTS, which allegedly failed to remove the tree that was determined to have fallen, starting the fire.

Similar charges have been leveled at Frontier Communications, which stands accused of neglect in carrying out its responsibility to maintain the areas around their lines.

Not For The First Time

Power companies – primarily Pacific Gas & Electric and So Cal Edison – have been implicated in a number of wildfires that have plagued southern and central California over the past several years. The high number of recent California wildfires even spurred the creation of a $21 billion wildfire protection fund that utilities were mandated to contribute to.

In the wake of the 2018 Camp Fire, which destroyed the town of Paradise, an investigation by the state Department of Forestry and state utility regulators concluded that a poorly maintained steel hook used to support a high voltage line was the major cause of that conflagration. In a report to the California Public Utilities Commission, PG&E acknowledged that workers had discovered that such a hook had broken, with pieces showing wear and tear.

Earlier this year, a 15 month long investigation concluded that So Cal Edison power lines were the cause of the 2017 Thomas Fire, which burned nearly 290,000 acres, later causing a mudflow that claimed 21 lives in addition to the two people who died in the fire.

The Defendants Respond

Although a So Cal Edison representative refused to comment on the lawsuit, she blamed numerous other factors, including “the failure of multiple responsible parties to clear this buildup of hazardous wildfire fuel.” She also said that the company regularly takes action toward reducing wildfire risks, and that “…the safety of the public…is always our first priority.”

The Rey Fire Lawsuit is U.S. v. Southern California Edison Co. et al., Case No. 2:19-cv-07179, filed in U.S. District Court for the Central District of California.

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If you or a loved one suffered property damage in the Camp Fire, Woolsey Fire, Hill Fire or last year’s Thomas Fire, legal help is available to help you through the claim process with your insurance company.

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