“We will fight until we win,” declared Sonoma County Supervisor James Gore. On Nov. 17, eight public entities within Sonoma County filed a lawsuit against Pacific Gas and Electric for negligence resulting in the Kincade fire. Of the eight public entities, Sonoma County, City of Santa Rosa, City of Windsor, Sonoma Water, and Sonoma County Agricultural Preservation and Open Space District are among a few of the plaintiffs. Early estimates predict damages up to $100 million.
The Kincade Fire, according to CALFIRE, burned over 77,000 acres, destroyed over 370 structures, and forced almost 200,000 people to evacuate over the course of 13 days in late October of 2019. The fire ignited northeast of Geyserville, in the Mayacamas Mountains, because of a PG&E transmission line malfunction near the area.
“While we are continuing to conduct our own investigation into the events that led to the Kincade Fire, but PG&E does not have access to CAL FIRE’s report or any of the physical evidence that was collected as a part of their investigation. The transmission tower in question was inspected multiple times in 2019…All issues that were identified on the tower in question were resolved prior to the Kincade Fire with the exception of one, which related to the painting of the tower,” said Lynsey Paulo, a spokesperson for PG&E, in an email on Friday. Paulo also mentioned that the tower was climbed by inspectors and analyzed through use of aerial drone footage and photos.
Within the 42 page claim, the litigants highlight PG&E’s lack of safety. The case is being handled by John Fiske, attorney for Baron & Budd in San Diego. He led the 2017 PG&E case, as well.
“The utility has ‘a well-documented history’ of ignoring maintenance ‘in order to line its own pockets with excessive profits,’” the suit claimed in a Press Democrat article. In the 2017 case, Sonoma County received $149 million, as part of a $1 billion settlement among several public entities in Northern California.
The plaintiffs are suing PG&E on account of a wide variety of issues. From structural and environmental damage, each city saw issues with their municipal services, emergency response personnel and services, and also ‘aesthetic value’. With the settlement claim, each litigant can repair their needs and recover from fire damage, as well as issues that have arisen from COVID-19.
“Losing the fall tourist season was devastating to our businesses, most of which are small, family-owned businesses,” said Healdsburg Councilman David Hagele, who served as the city’s Mayor during the Kincade fire, in an interview for the Press Democrat. Current Healdsburg Mayor Dominic Foppolli mentioned in an interview with KSRO, “Even though [the city] did not lose any homes…[fire fighting] creates a lot of residual damage, then we evacuated our entire city for a week.”
In addition to the lawsuit, PG&E is also facing up to $166 million in fines from the public safety power shutoffs. On Nov. 17, two following key events for the case took place: the deadline for each side to make cases, and the start of the 60-day limit for a judge to establish a ruling.
“We can not have these discussions go on for years. We need to put funds in immediately and move on to risk reduction… the future is already upon us,” noted Gore. Despite the long history, many hope that this settlement will shape PG&E protocols in future years. Gore and others mentioned that PG&E “pulled it together” in 2020, and they hope that PG&E will continue with their new safety processes.
Next fire season will prove whether the cities and PG&E have reached an agreement, and it will also show us whether the cities are prepared to handle more wildfires.
