Latest News

Judge limits US wildfire suit against Berkshire PacifiCorp

Judge limits US wildfire suit against Berkshire PacifiCorp

A federal judge dismissed on Tuesday a negligence claim against Berkshire Hathaway’s PacifiCorp utility division in the U.S. Government's lawsuit, which sought more than $900,000,000 in damages stemming a wildfire that occurred in Oregon in 2020.

The U.S. District Court Judge Karin Immergut of Portland found that the government had not specified how PacifiCorp’s alleged negligence in maintaining its powerlines caused the Archie Creek Fire, in southwest Oregon. This rendered its "negligence" per se claim moot.

A defendant can be found guilty of negligence per se if they are presumed to have violated a duty of caution when breaking a law. The only question is whether or not the violation resulted in injury.

Immergut stated that Oregon's laws on wildfire prevention did not define PacifiCorp’s duty of care. The U.S. Government's broad allegations about PacifiCorp’s mistakes were "not enough."

The government brought in claims for trespassing by fire, nuisance under common law and violation of license. Immergut has said that it will try to refile the negligence per se complaint.

PacifiCorp had no immediate comment. The U.S. Department of Justice in Portland and the U.S. Attorney’s Office did not respond immediately to requests for comments.

The Archie Creek Fire started on September 8, 2020. It burned 131.542 acres including 67.074 acres federal land before it was contained eight weeks later.

PacifiCorp is also facing many private lawsuits including class actions that blame its equipment for Oregon wildfires.

The company has already lost several "mini trials" and more are expected. PacifiCorp reported $2.75 billion in wildfire losses through June 30 and warned that they could increase significantly.

Berkshire, located in Omaha, Nebraska bought PacifiCorp in 2006 for $5.1 billion.

Warren Buffett, Berkshire Chairman & CEO, said at Berkshire's annual meeting on May 3, "we made some errors" by not protecting PacifiCorp from wildfire liabilities.

Greg Abel, Vice Chairman and CEO designate at Berkshire Electric Company, said that when wildfire risk became too high "keeping the light on" no longer was a priority.

US v PacifiCorp et al., U.S. District Court District of Oregon No. 24-02102. Reporting by Jonathan Stempel, New York Editing Bill Berkrot

(source: Reuters)