PacifiCorp Kept Powerlines Energized Labor Day Weekend Despite Clear Wildfire Risk, Class Action Alleges [UPDATE]

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PacifiCorp faces a proposed class action lawsuit over its decision to leave its powerlines energized in early September despite being warned by the National Weather Service that Oregon and southwest Washington were to experience “extremely critical fire conditions,” including historic winds over 75 mph. 

As a result of PacifiCorp’s actions, thousands of Oregonians, already grappling with the COVID-19 pandemic, “have nowhere to call home,” with many forced to live in shelters, campgrounds and cars in the wake of massive fires responsible for catastrophic destruction across the Clackamas, Santiam, McKenzie and Umpqua River canyons, the plaintiffs allege. 

“As predicted, the east winds came in full force on Labor Day and hot, dry winds, along with extremely critical fire conditions, caused power lines to topple and ignite trees, brush, and grass in communities across Oregon,” the 30-page lawsuit, filed in Multnomah County Circuit Court, reads.

PacifiCorp and co-defendant Pacific Power knew ahead of Labor Day Weekend of the wildfire risk—and the actions they could take to reduce the chance of fire started by powerlines—and even sent warnings to customers yet kept powerlines energized, the complaint says, noting PacifiCorp made no mention in a September 8 press release of its apparent role in causing the sweeping damage: 

“Pacific Power said nothing in the press release about its powerlines starting fires. Pacific Power did say, however, ‘But we also realize that there is more at stake here than power lines. People are losing their homes and businesses and we urge everyone to be safe and follow guidelines from local authorities and be ready to evacuate when ordered to do so.’”

According to the lawsuit, two elements set Oregon’s Labor Day Weekend fires apart from others in the state’s history. One aspect, the suit says, is that so many residents lost their homes, schools, businesses and communities. Another, the lawsuit scathes, is that many of these losses would have been entirely preventable had the defendants de-energized their powerlines. 

Per the suit, the Northwest Incident Management Team concluded on September 9 that the Labor Day Weekend fires that destroyed the plaintiffs’ and proposed class members’ homes were caused not by a wildland forest fire, but rather a series of downed powerlines maintained and operated by PacifiCorp.

The lawsuit contests PacifiCorp fell well short in its duty to properly upkeep its electrical infrastructure and ensure powerlines under its management would not become a source of fires. Among PacifiCorp’s fire-mitigating responsibilities, the company was tasked with adequately designing, constructing, monitoring, operating and repairing powerlines, poles, transformers and other equipment and maintaining land and vegetation around its powerline infrastructure to ensure nothing would come in contact with powerlines, the case says. 

“Despite knowing that their electrical infrastructure was inadequate, aging, and/or vulnerable to foreseeable and known weather and environmental conditions, Defendants failed to fulfill these duties,” the plaintiffs charge, reiterating the argument that the catastrophic losses experienced by Oregon residents were preventable.

Moreover, the plaintiffs relay that other Oregon utility companies took simple prevention measures amid the hazardous weather threat, including de-energizing their powerlines for a period of time, a common practice in parts of the West familiar with wildfires.

The complaint adds that the fires linked to PacifiCorp’s powerlines sent smoke, embers, ash, odors, gases, and other unhealthy and hazardous airborne particles into and onto the plaintiffs’ and proposed class members’ properties.

Included in the lawsuit are a number of pictures of the devastation left in the wake of Oregon’s Labor Day Weekend fires, including images of the plaintiffs’ properties after the fire.

The lawsuit looks to cover all citizens of Oregon who suffered damages from fires allegedly caused by PacifiCorp or Pacific Power in Oregon beginning on September 7, 2020 or later. 

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