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Timber interests take BPA, EWEB, and Lane Electric to court over alleged roles in major wildfire

A log is loaded onto a truck. A grove of burned trees is next to the truck.
Brian Bull
/
KLCC
The Holiday Farm Fire burned in the McKenzie River Valley in September, 2020. This photo was taken in February, 2021.

Timber companies have filed a federal lawsuit against three utilities alleging gross negligence and recklessness in events leading up to 2020’s Holiday Farm Fire.

Giustina Land and Timber, Giustina Tree Farms Limited Partnership, Giustina Woodlands Limited Partnership, and Cadore Timber are plaintiffs in the case filed July 15 in the U.S. District Court in Oregon.

Bonneville Power Administration (BPA), Eugene Water and Electric Board (EWEB), and Lane Electric Co-Operative are the defendants.

The timber companies say the utilities’ failure to de-energize their power lines during a wind storm and ignoring “red flag” warnings led to a “catastrophic but preventable fire” and that 10% of the 174,000 acres burned was their timber. An attorney with the case told KLCC that they’re seeking nearly $69 million in damages, which could double if certain Oregon statutes apply.

The case had been filed in Lane County Circuit Court, but was elevated after BPA—a federally-run utility—was listed. BPA did not respond to requests for comment, while EWEB and Lane Electric say they can’t speak about pending litigation.

Two similar cases are also in federal court: one on behalf of insurance companies; the other for McKenzie River businesses, trusts, and individuals.

Utility companies’ role in handling energy transmissions and maintaining foliage and power infrastructure has come under scrutiny in recent years, following the 2020 wildfire season which burned over a million acres. It’s been deemed the worst in state history.

Brian Bull is an assistant professor of journalism at the University of Oregon, and remains a contributor to the KLCC news department. He began working with KLCC in June 2016.   In his 27+ years as a public media journalist, he's worked at NPR, Twin Cities Public Television, South Dakota Public Broadcasting, Wisconsin Public Radio, and ideastream in Cleveland. His reporting has netted dozens of accolades, including four national Edward R. Murrow Awards (22 regional),  the Ohio Associated Press' Best Reporter Award, Best Radio Reporter from  the Native American Journalists Association, and the PRNDI/NEFE Award for Excellence in Consumer Finance Reporting.
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