Wildland

Too Many Fire Law Headlines

It seems like each week I am only able to scratch the surface of the fire law news. This week is no exception, but I wanted to point out two additional noteworthy cases. The first involves the settlement of the city’s portion of the Kansas City, Missouri fatal apparatus accident case. The second case involves another firefighter being arrested while engaged in the performance of his duties by an overzealous cop.

US Forest Service Sued Over Fire Retardant Use

An environmental group has filed suit against the US Forest Service claiming that fire retardants used to battle wildland fires violates the Clean Waters Act. Forest Service Employees for Environmental Ethics filed suit in US District Court for the District of Montana against the US Forest Service earlier this week.

Court Dismisses Numerous Plaintiffs’ From Great Smokey Mountain Fire Mass Tort Suits

A series of lawsuits filed against the National Park Service by individuals and insurance companies arising out of the devastating complex of wildland fires that tore through Gatlinburg, Tennessee in 2016, have been narrowed by a decision yesterday in the US District Court for the Eastern District of Tennessee.

Subrogation Claim Alleges Wildland Bulldozer Destroyed Well

An insurer who paid $52,000 in damages to a California couple whose well was destroyed by a bulldozer creating a fire line, has filed suit against the US Department of Agriculture, Cleveland National Forest, and CalFire. The California Fair Plan Association filed suit earlier this year in San Diego County Superior Court. The case was removed to US District Court last week.

Cal Fire Sues Utility to Recoup Tenaja Fire Costs

The California Department of Forestry and Fire Protection (CAL FIRE) has filed suit against Southern California Edison to recoup its costs in battling the Tenaja fire in 2019. The fire burned approximately 1,939 acres in Murrieta, California.

Montana Fire Department Sues Target Manufacturer To Recover Wildland Fire Costs

Seven Montana residents along with a volunteer fire department have filed suit against the manufacturer of explosive targets to recover damages sustained in a wildland fire in 2019. The Vaughn Volunteer Fire Department filed suit naming Tannerite Sports, LLC and Daniel J. Tanner as defendants.

Judge Orders Utility to Disclose Details on Dixie Fire

In a highly unusual judicial move, a US District Court judge has ordered the embattled utility, Pacific Gas & Electric, to disclose information it has relative to the origins of the still-active Dixie fire in Northern California. The fire began on July 13, 2021, is less that 25% contained, and is predicted to become the largest wildland fire in California history.

California Couple Whose Gender Reveal Fireworks Sparked Wildand Fire, Indicted for Manslaughter

A grand jury in San Bernardino has indicted a couple for involuntary manslaughter for their role in sparking a wildland fire that claimed the life of a firefighter last year. Refugio Manuel Jimenez, Jr. and Angelina Renee Jimenez were indicted on July 19, 2021 on 30 counts related to the El Dorado Fire in September 2020.

Wildland LODD Prompts Lawsuit by Pilot’s Family

The family of a helicopter pilot who was killed battling the Hills Fire in California earlier this year has filed a wrongful death suit against two helicopter maintenance providers. Michael Fournier died on August 19, 2020 when the UH-1H Huey helicopter he was flying lost its hydraulics and crashed.

California Municipalities Sue PG&E for Wildland Fire Damages

Five California municipalities along with three government agencies have filed suit against the beleaguered utility, Pacific Gas and Electric Company (PG&E), seeking to recoup damages and the costs associated with fighting the Kincade fire in October, 2019.

BLM Prevails in Suit Alleging Negligence in Wildland Fire

Is the failure to comply with a policy evidence of negligence or proof that commanders had discretion? A lawsuit filed against the Bureau of Land Management over its handling of the "Patch Springs Fire" in Utah in 2013, has been dismissed because fireground commanders were exercising discretion.

Demoted California Battalion Chief Alleges Retaliation and Bill of Rights Violation

A Glendale fire captain who was demoted from battalion chief last December, has filed suit claiming his demotion and subsequent removal from two special projects was retaliation for his opposition to what he characterizes as an “illegal directive” from his fire chief. Captain Brian Murphy filed suit last week in Los Angeles Superior Court, claiming his demotion violated the California Labor Code §1102.5 and the California Firefighter Procedural BOR.

PG&E Suit Challenging Fire District Ordinance Dismissed

A lawsuit filed by Pacific Gas and Electric against the San Ramon Valley Fire Protection District challenging the validity of fire safety ordinances has been dismissed. PG&E, who was forced into bankruptcy over liabilities associated with wildfires caused with its electrical wires, objected to Ordinance 35 as being beyond the authority of the district to enact.

Grand Jury Indicts California Fire Chief for Manslaughter

A California fire chief has been indicted for involuntary manslaughter arising out of a 2017 wildland fire that claimed one life. Calaveras County District Attorney Barbara Yook announced the indictment of Mokelumne Hill Fire Protection District Fire Chief Michael Ray Dell’Orto.

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