Latest News

Berkshire Utility urges Oregon's appeals court limit wildfire damage

Berkshire Utility urges Oregon's appeals court limit wildfire damage
Berkshire Utility urges Oregon's appeals court limit wildfire damage

PacifiCorp urged the Oregon court of appeal on Wednesday to reverse rulings that exposed the Berkshire Hathaway owned utility to potential wildfire liabilities worth $52 billion.

The Portland, Oregon utility denied claims by thousands of Oregonians that it caused wildfires in 2020 because it 'negligently failed to shut down power lines during the Labor Day Weekend windstorm.

PacifiCorp says a judge made a mistake by allowing victims of four separate wildfires, separated by more than 100 miles (161 kilometers), to sue together in a class action. This included damages caused by a lightning-sparked fifth wildfire.

Utility also claimed that the judge should not have allowed jurors to award damages for "non-economic" losses such as emotional distress as well as property losses.

Theodore Boutrous told a panel of three judges of the Oregon Court of Appeals that the wildfires were a tragedy. The question is, how can we efficiently resolve these cases? This was not how to do it."

Nicholas Rosinia is an attorney for victims of fires. He countered by saying that PacifiCorp’s wrongdoing affected all members of the?class, and that "the common issue" was negligence in continuing to let electricity flow. He also said that Oregon law "supported" the award of noneconomic damages.

Rosinia stated that victims "fled from fires and flames, not knowing whether they would survive or die." "These are the types of harms and damages that are sufficiently grave."

Trials to continue into 2028

So far, 119 claimants have received wildfire awards with an average of $5 million per person.

In a series "mini-trials", which began in January of 2024, jurors found PacifiCorp to be liable. A shortened schedule could see 1,400 more fire victims go to court by the beginning of 2028. PacifiCorp?said that it might have to curtail its operations if wildfire losses become too high.

The appeals court panel of three judges questioned whether or not the trial judge was correct in telling jurors that they could assume evidence "regarding" class representatives would apply to all members.

Judge Kristina hellman explained to Rosinia that there were four distinct groups. "Don't you as the plaintiffs have to prove causation and responsibility for each of these fires?"

The Salem, Oregon panel has not stated when it will make a decision.

PACIFICORP FACES OTHER?WILDFIRE LITIGATION

Berkshire purchased PacifiCorp in 2006 for $5.1 billion.

Berkshire Hathaway Energy is the utility's parent company. Greg Abel, former CEO of Berkshire, succeeded Warren Buffett in January as Berkshire chief executive. Buffett is still chairman of Omaha-based conglomerate. PacifiCorp has agreed to pay $1.7 billion through November to settle close to 4,200 claims for wildfires, including those from wineries and vineyards.

PacifiCorp has set aside 2,85 billion dollars for wildfire litigation. These fires have burned over 2,000 buildings and 500,000 acres of land in Oregon and Northern California.

The U.S. Government and Oregon have also sued PacifiCorp over wildfire damages to natural resources. (Reporting and editing by Cynthia Osterman in New York, Jonathan Stempel is based in New York)

(source: Reuters)