U.S. Files Suit Against SoCal Edison for Thomas Fire Damages

The federal government has commenced a California wildfire lawsuit against Southern California Edison to hold the public utility company accountable for the massive Thomas Fire which destroyed 181,333 acres of National Forest Systems lands in Southern California.

The complaint was filed by the filed by the government on behalf of the U.S. Dept. of Agriculture, Forest Service, in the U.S. District Court for the Central District of California, Western Division on December 3, 2020, alleging that Southern California Edison was negligent and violated California health and safety codes. The suit also included unnamed defendants.

According to the complaint, fire investigators found that the conflagration was ignited when power lines owned by Southern California Edison made contact with each other during a high wind event on December 4, 2017, and heated materials released by the conductors set the dry vegetation below ablaze.

Before the inferno that devastated thousands of acres of federal and private property was allegedly sparked by the power lines, the government asserts that a red flag warning had been issued, advising that weather conditions could create an increased risk of fire.

The federal government maintains in the complaint that “SCE had non-delegable statutory and regulatory duties to properly inspect and maintain its power lines to ensure that they were safe and clear from dangerous conditions.” By definition of the California statute, the government argues that the live power lines were the type of “device which may kindle a fire.”

The lawsuit purports that Southern California Edison had statutory and regulatory duties to maintain proper clearance between the power lines and vegetation, and to take reasonable precautions to avoid a fire.

The federal government contends that SoCal Edison breached its duty of care to landowners and the United States in failing to construct and maintain its equipment in a safe manner, as well as breached its legal duty to use due care in designing, constructing, and maintaining its equipment in the Los Padres National Forest area.

What Damage Was Caused By the Thomas Fire?

Ultimately, the Thomas Fire blazed through the Los Padres National Forest between Santa Paula and Santa Barbara, costing the Forest Service more than $100 million in costs to suppress the fire and for mitigation efforts, rehabilitation, and reforestation of the torched areas, as stated in the suit. Not only did the damage result in loss of aesthetic scenery, but environmental destruction, recreational loss, and soil erosion, the complaint says.

Over the course of several weeks, the Los Padres Forest Association reports that 127 miles of trails, 24 campsites, and 100 miles of recreational roads were damaged within the forest. Two lives were reported to have been lost as a result of the fire.

The federal government also argues that Southern California Edison should be held liable for administrative, investigative, accounting, and collection costs as well as interest and late fees, pursuant to the utility company’s violation of California’s health and safety laws.

Despite the federal government’s demand it says it asserted for monetary damages incurred in extinguishing the fires and emergency rehabilitation, the suit says that no payment has been made in whole or part by Southern California Edison.

Are There Other Thomas Fire Lawsuits?

Recounted as one of the largest fires in California history, the Thomas Fire spanned through Ventura and Santa Barbara counties for 38 days until it was finally contained on January 12, 2018. According to statistics published by CAL FIRE, 280 residential, commercial, and other structures were damaged and 1,063 structures were entirely destroyed.

In addition to the property destruction caused by the Thomas Fire, part of the affected area was subject to an intense mudflow. The Montecito Mudslide, facilitated by the fire, is reported to have caused more than 20 deaths and destruction to 300 homes. Over 100 homes were reported to have been completely destroyed by the occurrence.

As a result, Southern California Edison is facing liability for the damages to not only the federal government for destruction to the federally protected land, but to private citizens for the damages caused by both the fire and subsequent mudslide.

Numerous lawsuits were filed in connection with the disasters. According to an article published in the VC Star, approximately $6.2 billion in estimated losses is expected to be incurred by Southern California Edison for litigation.

According to the same article, Southern California Edison previously agreed to pay out $150 million to public entities in the two affected counties for damages associated with the fire and mudslide and announced in September 2020 that it had reached a $1.16 billion settlement with insurance companies to settle insurance claims related to both the Thomas fire and Montecito Mudslide. Santa Barbara County also reportedly received a settlement award of $28.1 million to resolve a class action lawsuit it filed against the company.

The Thomas Fire Lawsuit is U.S. v. Southern California Edison Co. et al., Case No. 2:20-cv-11020, in the United States District Court for the Central District of California, Western Division.