US Forest Service Sues Montana’s Largest Utility For Starting Wildland Fire

The US Forest Service is suing Montana’s largest utility for a half-million dollars to recoup the costs associated with fighting the Lakeside Fire outside Helena in 2010.

The fire burned over 900 acres in July, 2010, destroying three structures and requiring the evacuation of residents north of Canyon Ferry Lake. A US Forest Service investigation concluded that the fire was caused by a downed power line owned by NorthWestern Energy.

The suit was filed in June by US Attorney Michael Cotter on behalf of the Forest Service accusing Northwestern of negligence, nuisance, trespass by fire, and liability under Bureau of Land Management (BLM) regulations.

From the complaint:

• NorthWestern Energy owns and maintains a power line known as the Ward Ranch Line.
• NorthWestern Energy … has conducted maintenance on the Ward Ranch Line since at least 1994, including, among other tasks, replacing certain insulators and poles.
• However, many poles and insulators have not been replaced or maintained. As a result, at the time the Lakeside Fire started, the Ward Ranch Line included many insulators that were cracked, damaged, otherwise deteriorated or structurally compromised. Many of the poles were rotted, cracked, otherwise deteriorated or structurally compromised.
• At all times relevant, NorthWestern Energy was the holder of a right-of-way grant … issued by the BLM permitting the Ward Ranch Line to cross BLM property.
• This grant required NorthWestern Energy to comply with all BLM regulations. The BLM regulations impose liability, including strict liability in some instances, for damages occurring in connection with NorthWestern Energy’s use and occupancy of the right-of-way.
• On July 16, 2010, at approximately 5:45 p.m. a fire was reported burning north of the Lakeside Recreation area near Canyon Ferry Reservoir approximately eight miles northeast of Helena, Montana.
• The Forest Service and other agencies took immediate action to suppress the fire, which became known as the “Lakeside Fire” to protect state, private and federal land and improvements.
• On July 17, 2010, the FS began conducting an investigation of the origin and cause of the fire.
• The FS determined that the point of origin of the fire was approximately 20 yards west of Browns Gulch Road and approximately 30 yards north of the southern perimeter of the fire
• The FS determined that the Ward Ranch line had severed and struck the ground, which started the Lakeside Fire.
• The Lakeside Fire caused the United States to incur fire suppression, resource damage and rehabilitation costs totaling $485,855.86.
• Defendant had a duty to use reasonable care to take precautions against the start and spread of wildfires.
• Defendant also had a duty to use reasonable care to maintain its power lines and all related equipment, including the Ward Ranch Line.
• Defendant also had a duty pursuant to Montana Code Annotated § 50-63-104 not to engage in negligent or unintentional acts or omissions that cause forest fires.
• Defendant breached its duties by failing to take the necessary precautions to prevent fire and by failing to adequately maintain the Ward Ranch Line and facilities to prevent a malfunction and starting a fire.
• Defendant’s negligence was a proximate cause of the start and/or spread of the Lakeside Fire.
• Alternatively, Defendant was negligent under the doctrine of res ipsa loquitor, in that the Ward Ranch Line would not have malfunctioned, snapped and caused the Lakeside Fire if Defendant had exercised reasonable care in the maintenance and operation of the line.
• As a result of Defendant’s negligence the United States has suffered damages as set forth herein and as permitted under Montana Code Annotated § 50-63-104.

Here is a copy of the complaint: US v NorthWestern

Here is a map that was filed with the complaint: Map