In recent years, the United States has witnessed a troubling surge in devastating and deadly wildfires. Many of these fires have been linked to the infrastructure and operations of major utility companies. These fires have not only resulted in tragic loss of life and property but have also sparked a wave of legal actions, regulatory scrutiny, and public outcry.
At Kherkher Garcia, we are committed to advocating for those affected by such disasters and holding responsible parties accountable. Below, we explore the link between utility companies and wildfires, prevention efforts, and what victims can do to get help when disaster strikes.
The Rising Tide of Utility-Linked Wildfires
The intersection of aging electrical infrastructure, climate change, and inadequate safety measures has created a perfect storm for wildfire ignition. Utility companies, tasked with delivering power across vast and often rugged terrains, have increasingly found themselves at the center of investigations into the causes of these fires. Some of the more notable wildfires linked to power companies include the following:
PacifiCorp and the 2020 Oregon Wildfires
One of the most notable cases involves PacifiCorp, a subsidiary of Berkshire Hathaway Energy. In 2020, Oregon experienced some of the most destructive wildfires in its history. Investigations revealed that PacifiCorp failed to de-energize its power lines during extreme wind events, despite clear warnings from state officials and fire authorities. This negligence led to multiple fires, including the Archie Creek Fire, which devastated communities and claimed lives.
Legal repercussions followed swiftly. PacifiCorp faced numerous lawsuits from affected residents and businesses. In a significant development, the company agreed to a $299 million settlement with over 460 plaintiffs who suffered losses due to the fires. Additionally, a jury awarded nearly $50 million in damages to seven survivors of the 2020 wildfires, further emphasizing the company’s liability. The federal government also filed a lawsuit seeking to recover firefighting and restoration costs associated with the fires.
Southern California Edison’s Equipment Sparks Concerns
Southern California Edison (SCE) has also come under intense scrutiny. In 2024, SCE reported a nearly 60% increase in fire ignition events compared to the previous year, totaling 135 incidents. Many of these were attributed to equipment failures amidst conditions of low humidity, dry vegetation, and high winds. Notably, the Eaton Fire, which resulted in 17 fatalities and burned over 14,000 acres, was linked to an Edison transmission tower.
Orange County filed lawsuits against SCE, alleging that the company’s negligence led to the Coastal Fire in 2022, which destroyed 20 homes and prompted the evacuation of over 900 residents. These legal actions underscore the growing accountability utilities face in the wake of wildfire disasters.
PG&E’s Legacy of Liability
Pacific Gas & Electric (PG&E) has a storied history of wildfire-related liabilities. The 2018 Camp Fire, the deadliest and most destructive wildfire in California’s history, was caused by PG&E’s faulty equipment. The fire resulted in 85 fatalities and the destruction of over 18,000 structures. PG&E subsequently filed for bankruptcy, citing $30 billion in potential liabilities.
In 2020, PG&E pleaded guilty to 84 counts of involuntary manslaughter related to the Camp Fire. The company agreed to a $13.5 billion settlement with wildfire victims, though only half of this amount was paid in cash, with the remainder in PG&E stock, which has since declined in value. More recently, PG&E faces a $225 million lawsuit over damages caused by the 2021 Dixie Fire, further highlighting the ongoing challenges the utility faces in managing wildfire risks.
Legislative Responses and Regulatory Challenges
The increasing frequency and severity of utility-linked wildfires have prompted legislative and regulatory responses aimed at mitigating risks and protecting consumers.
Texas Utility Company Duties and Regulations
Texas, like many other states, has faced increasing threats from wildfires—particularly in rural and drought-prone areas. As the role of utility companies in sparking wildfires gains national attention, questions have arisen about how Texas laws address utility liability and wildfire prevention. While Texas has not seen the scale of wildfire litigation seen in California or Oregon, the state’s legal framework still outlines important duties and protections related to wildfires and utility operations.
Duty of Care for Utility Companies in Texas
Under Texas law, utility companies owe a duty of care to the public to maintain their equipment in a reasonably safe condition. This includes inspecting and repairing power lines, transformers, poles, and other infrastructure to prevent them from becoming fire hazards. If a utility fails to meet this duty—such as by allowing vegetation to encroach on power lines or ignoring maintenance warnings—they may be held liable for damages under negligence theories.
In a wildfire scenario, plaintiffs must generally prove that:
- The utility had a duty to maintain safe equipment
- The utility breached that duty (e.g., through negligent maintenance or failure to respond to known risks)
- That breach caused a fire
- The plaintiff suffered damages as a result
However, proving causation in wildfire cases can be difficult, especially in rural or windy areas where multiple ignition sources may exist. Despite this, several Texas utility companies have faced litigation for fire-related incidents, including brush fires and electrical sparks.
Texas Public Utility Commission (PUC) Oversight
The Public Utility Commission of Texas (PUC) regulates investor-owned utilities and oversees rules related to safety, vegetation management, and grid reliability. While not focused specifically on wildfire prevention, the PUC requires utilities to take “reasonable steps” to maintain infrastructure and comply with safety standards.
In recent years, pressure has mounted on the PUC to adopt more wildfire-specific protocols, especially as the state experiences longer fire seasons. For example, the PUC has considered enhanced inspection protocols and emergency response plans for utilities operating in high-risk areas.
Electric Reliability Council of Texas (ERCOT) and Wildfire Risks
The Electric Reliability Council of Texas (ERCOT), which manages the flow of electric power for most of the state, also plays a role in fire risk management. During extreme weather events, ERCOT can request load reductions or outages to prevent infrastructure failures. However, ERCOT’s wildfire-specific protocols remain limited, and critics argue that more targeted fire prevention efforts are needed—particularly during high-wind, low-humidity conditions common in West Texas and the Hill Country.
Recent Legislation and Future Outlook
In the aftermath of recent large-scale fires, such as the 2022 Eastland Complex Fires and the 2024 Panhandle wildfires, Texas lawmakers have begun to discuss stronger preventive measures. Proposals include:
- Creating a statewide wildfire prevention strategy.
- Increasing penalties for failure to maintain utility infrastructure.
- Requiring utilities to implement wildfire mitigation plans similar to those in California.
However, legislation has moved slowly, and utility lobbyists have opposed some of the more aggressive liability reforms. As wildfires become a growing threat across the state, these legal and regulatory frameworks may continue to evolve.
State Legislators Target Preventing Deadly Wildfires
In March 2025, Wyoming enacted legislation limiting the liability of electric utility companies for starting wildfires. The measure aims to protect small utility cooperatives from bankruptcy due to soaring insurance rates and costly wildfire-related lawsuits. Similar legislation is being considered in several western states, including Montana, Arizona, Idaho, Oregon, and New Mexico. While proponents argue these bills are necessary to prevent utility insolvency and maintain service affordability, wildfire survivors criticize such measures, highlighting delayed compensation and unaddressed damages.
In Oregon, lawmakers introduced a bill to prevent utilities from raising rates if they have unresolved wildfire lawsuits for over three years. This initiative targets PacifiCorp, which faces numerous lawsuits related to the 2020 wildfires. The company has already approved a nearly 10% rate increase for 2024, contributing to a 50% rise in rates since 2021. Lawmakers argue that halting rate hikes will hold PacifiCorp accountable for damages caused by the wildfires, which devastated the state, killing nine people and destroying thousands of homes.
The Path Forward: Accountability and Prevention
The spate of wildfires linked to utility companies underscores the urgent need for comprehensive strategies that prioritize safety, accountability, and resilience.
Investing in Infrastructure and Safety Measures
Utilities must invest in modernizing their infrastructure to withstand extreme weather conditions. This includes replacing aging equipment, implementing advanced monitoring systems, and enhancing vegetation management practices. Proactive measures, such as preemptive power shutoffs during high-risk periods, can also mitigate the potential for fires.
Transparent Communication and Community Engagement
Effective communication with communities is vital. Utilities should provide timely information about potential risks, planned outages, and safety measures. Engaging with local stakeholders can foster trust and collaboration in wildfire prevention efforts.
Legal Recourse for Affected Individuals
For those impacted by utility-caused wildfires, seeking legal recourse is essential to obtain compensation for losses and to hold responsible parties accountable. At Kherkher Garcia, we specialize in representing victims of such disasters, ensuring they receive the justice and support they deserve.
Have Questions about Wildfires and Your Rights?
The increasing prevalence of wildfires linked to utility companies is a pressing concern that demands immediate action. Through a combination of infrastructure investment, regulatory oversight, and legal accountability, it is possible to mitigate risks and protect communities.
At Kherkher Garcia, we remain steadfast in our commitment to advocating for those affected by these tragedies and to promoting safer, more responsible utility practices. If you or a loved one has been impacted by a deadly wildfire and believe a utility company may be responsible, please contact us for a consultation.
Together, we can pursue justice and work towards a safer future for all. To get started, call us at 713-333-1030, or submit our online contact form. Our consultations are completely free.
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