Civil SuitMunicipal LiabilityNegligenceWildland

Cal Fire Sues LA Over Costs of Wildland Fire

The California Department of Forestry and Fire Protection is suing the Los Angeles Department of Water and Power to recoup the costs associated with battling the Powerhouse fire in 2013. The suit alleges the fire was started by arcing power lines that dropped burning metal into dry brush.

The Powerhouse fire burned more than 30,000 acres and took over a week to extinguish. Fifty-eight structures were destroyed and at least ten people were injured. It was the third largest fire in California in 2013.

Cal Fire is seeking $4.2 million to cover its costs. The Los Angeles Department of Water and Power is an agency of the City of Los Angeles. Attorneys for the city are reportedly reviewing the lawsuit.

More on the story.

Curt Varone

Curt Varone has over 50 years of fire service experience and 40 as a practicing attorney licensed in both Rhode Island and Maine. His background includes 29 years as a career firefighter in Providence (retiring as a Deputy Assistant Chief), as well as volunteer and paid on call experience. Besides his law degree, he has a MS in Forensic Psychology. He is the author of two books: Legal Considerations for Fire and Emergency Services, (2006, 2nd ed. 2011, 3rd ed. 2014, 4th ed. 2022) and Fire Officer's Legal Handbook (2007), and is a contributing editor for Firehouse Magazine writing the Fire Law column.

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2 Comments

  1. Mr618

    Have you ever seen the movie “Chinatwown”?

    It’s a fictional movie, yet uses the development of water resources in the Los Angles area of California as the story line.

    Basically, the “DWP” is really more like “Joe Bob’s” water service, rather than a specific agency of the city.

    That is, it’s a private sector ” contract” company like Pacific Gas and Elecrticity (“PG&E” the bad guys in the San Bruno gas pipe explosion about five years ago).

    The DWP has, from what I’ve been reading about for years is in the mind frame operation of:

    They have NO Accountability to any one.

    The fact that they are being represented by a LA City Attorney/ Law firm, is another example of how, they are “Leeching” money from the citizens of the city.

    “Lawsuit”!? Next is the service, water/power rates are going to go up by 10 cents per kilowatt hour over the next five years to pay the fine.

    It works that way for great mismanagement of the upper level system administrators granting of salaries and pensions.

    Work 30 years at the DPW and go up in rank, you can leave with “Big Bucks” in retirement. ( Like upwards of $ 300,000 dollars? Don’t know how much the rank and file workers get.From my point of view “Tammony Hall” still exists at the DWP.

    And as with PG&E, when its been determind that their equipment was the source of the fire, they tend to “lock” things up in court as long as possible and then “Cry poor”
    When the judgement goes against them, while paying out “pennies on the dollar” for the damages caused.

    Their thinking:

    “Why pay ‘X’ dollars per home owner after five years when their insurance company already paid them”?

    But, Cal Fire wants reimbursement for the costs for fighting that fire. From the first due
    Cal Fire Engine, through the hand crews used ( those are the firefighters dressed in Orange coveralls ,firefighter pay and Air Tanker use ).

    And that pay goes all the way back to Statewide Mutual Aid costs for responding agencies to pay for the responding crews and the pay to cover the “back fill” personnel
    Payments.

    It’s like peeling an onion,,in a case like this.

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