PG&E getting blamed for forest fires in California is rightfully so and not a new trend. One could claim that to blame PG&E is a reflex it is so common. Some examples of lawsuits where PG&E rightfully lost as defendant follow.
Judge Confirms PG&E To Pay For Butte Fire Victims’ DamagesSacramento, CA — Sacramento Superior Court handed down its final legal determination today against PG&E regarding their liability for the Butte Fire. The ruling finds PG&E liable under inverse condemnation for damages caused by the Butte Fire to private property. The motion was filed by both PG&E, and Steven M. Campora’s office by Dario de Getaldhi, Amanda Riddle, Frank Pitre, and Robert Jackson.
Gerold Singelton, a lawyer following the case representing Butte fire victims, says; “Any plaintiff that does go to trial [now] will be entitled to recover all damages they can prove for both real property and personal property. That is any property affixed to the land, like a house, or any thing that is on the land, trees, and erosion damages and for personal property, cars, anything like that, those are recoverable in the inverse condemnation claim. The court has now decided at the trial court level that PG&E is liable, and so if there is a trial all he or she will need to do is prove the amount of their damages.”
While PG&E is a private company, it serves as a public utility managed by the government due to its monopoly in California. Since transporting electricity is inherently dangerous, the damages PG&E was found to be liable for are covered under inverse condemnation. Inverse condemnation involves the taking of property by a government agency, in this case the publicly managed utility PG&E, which greatly damaged or destroyed the value of the property. An owner may claims he or she is entitled to payment for the loss of the property (in whole or in part) under the constitutional right to compensation under the government’s eminent domain right.
PG&E can appeal the court’s decision to a higher court.
The California Public Utilities Commission’s investigation found that PG&E did not have the minimum clearance required around its equipment and failed to maintain its overhead conductors safely and properly. A gray pine tree contacted a PG&E 12-kilovolt overhead electric conductor and ignited the fire on September 9, 2015. The Butte Fire burned 70,868 acres in Amador and Calaveras counties. It destroyed 549 homes, 368 outbuildings and four commercial buildings. It also resulted in two civilian fatalities and one injury.
https://www.mymotherlode.com/news/local ... mages.htmlPG&E Guilty In 1994 Sierra Blaze / 739 counts of negligence for not trimming treesA Nevada County jury found Pacific Gas and Electric Co. guilty yesterday of a pattern of tree-trimming violations that sparked a devastating 1994 wildfire in the Sierra.
The fire burned down a schoolhouse and 12 homes near the scenic Gold Rush town of Rough and Ready.
PG&E was convicted of 739 counts of criminal negligence for failing to trim trees near its power lines -- the biggest criminal conviction ever against the state's largest utility.
The six-man, six-woman jury delivered the verdict after three days of deliberations. It took the court clerk 1 1/2 hours to read all the counts.
The utility will not be able to pass along to its customers any costs associated with the trial or any fines imposed as a result of the convictions, prosecutors said.
The jury deadlocked on four misdemeanor counts. Judge Carlos Baker declared a mistrial on those counts and scheduled a sentencing hearing for July 2.
The verdict comes as the utility is dogged by complaints about its fire-prevention efforts near power lines. The case may encourage similar prosecutions by other counties.
California Department of Forestry investigators have determined that several other major wildfires, and hundreds of smaller wildfires, have been caused in recent years by PG&E's failure to comply with safety regulations. PG&E has been slapped by state and county officials with several thousand tree-trimming violations.
State law sets minimum distances of up to 10 feet between flammable vegetation and high- voltage lines and also mandates firebreaks around power poles.
"Hopefully, this sends a message to upper-level PG&E management that they must do whatever is necessary to comply with the law and protect public safety," said Nevada County Deputy District Attorney Jenny Ross.
During the three-month trial, a prosecution expert testified that PG&E bilked its customers of nearly $80 million by diverting funds from its trimming program into shareholder profits.
More at:
http://www.sfgate.com/news/article/PG-E ... 821364.phpPG&E, Contractors To Pay $51M To End Calif. Wildfire SuitsPacific Gas and Electric Co. and its contractors have agreed to pay $50.5 million to settle litigation over two California wildfires that burned more than 18,000 acres of national forest and cost $13.5 million to suppress, the U.S. Department of Justice announced Thursday.
The U.S. alleges that the defendants' neglect caused the Power Fire and the Whiskey Fire, which occurred in October 2004 and June 2008, respectively. The first fire occurred in Eldorado National Forest in Amador County in a remote location near the Salt Springs Reservoir, and the second transpired on Mendocino National Forest land in Tehama County.
Crew members hired by contractor VCS Sub Inc., which does business as Provco, to trim trees and brush near a PG&E distribution line allegedly started the Power Fire after discarding lit cigarettes during a work break. The Whiskey Fire ignited after PG&E transmission lines came into contact with tree branches that were only 1.3 feet away from the lines, which is far below the minimum amount of clearance required by state law, according to the government.
“Like many forest fires, both the Power Fire and the Whiskey Fire could have easily been avoided,” U.S. Attorney Benjamin Wagner said in a Thursday statement. “We hope that in addition to helping repair the long-term damage caused by the fires, these settlements will reinforce the need to be safe when conducting risky operations in and around our national forests.”
The defendants deny culpability in either fire.
The Power Fire complaint, filed in August in California federal court, alleged that PG&E had the power to control contractor Provco's fire safety policies and training. It said neither company had any policies governing smoking in the woods, nor did they train workers on how to safely light, smoke and extinguish cigarettes in the woods.
The Power Fire lasted for 17 days, burned roughly 17,000 total acres and cost roughly $8.46 million for hundreds of firefighters to extinguish, the government said. The fire allegedly consumed enough timber to build 9,500 single-family homes, decimated protected habitats for a variety of sensitive species and destroyed irreplaceable American Indian historical sites.
According to the Whiskey Fire settlement, PG&E and contractors ACRT Inc. and Davey Tree Surgery Company failed to trim the pine branches, which contacted the line, caught fire, fell to the ground and ignited nearby vegetation. That fire lasted eight days, burned roughly 5,000 total acres and cost $5 million to extinguish.
The Whiskey Fire lawsuit never made it to court.
Under the terms of the Power Fire settlement, Provco and its owner, Quanta Services Inc., Provco will pay a joint settlement amount of $45 million. The Whiskey Fire agreement entails ACRT paying $2.5 million, and PG&E and Davey Tree Surgery paying $1.5 million each, for a total of $5.5 million.
“These settlement funds are important to helping achieve our ecological restoration goals for those forests impacted by these fires,” U.S. Forest Service Regional Forester Randy Moore said in a Thursday statement.
The settlements come 15 months after PG&E paid $29.5 million to the federal government to resolve litigation stemming from two other California forest fires that occurred in 2004. The Freds Fire and the Sims Fire collectively burned more than 7,600 acres of National Forest land.
"Since the [Whiskey Fire], we've evaluated our policies and procedures to ensure that we're reducing the risk of fire and safeguarding our natural resources," PG&E spokeswoman Jana Morris said Thursday.
Spokespersons and attorneys for Quanta, Provco and Davey Tree Surgery did not immediately respond to requests for comment Thursday.
Quanta and VCS Sub are represented by Brian D. Bertossa of Cook Brown LLP.
PG&E is represented by Laura L. Goodman and Gregory C. Read of Sedgwick LLP.
Davey Tree Surgery Company is represented by Robert M. Blum of Nixon Peabody LLP.
ACRT Inc. is represented by Kenneth F. Strong of Gordon & Rees LLP.
The Power Fire case is USA v. Quanta Services Inc. et al., case number 2:12-cv-02043, in the U.S. District Court for the Eastern District of California.
https://www.law360.com/articles/448170/ ... fire-suits