U.S. Attorney Bill Essayli, of the Central District of California
LOS ANGELES - The federal government is suing Southern California Edison for $77 million in damages that allegedly resulted from destruction of National Forest acreage during both the 2022 Fairview Fire in Hemet and this year’s Eaton Fire in the Altadena area.
The U.S. Attorney’s Office in Los Angeles filed two federal lawsuits in the Central District of California on Sept. 4, alleging that SCE negligence was to blame for the wildfires which blackened tens of thousands of acres of federally owned lands in the Angeles National Forest and the San Bernardino National Forest.
“The lawsuits … allege a troubling pattern of negligence resulting in death, destruction and tens of millions of federal taxpayer dollars spent to clean up one utility company’s mistakes,” Acting U.S. Attorney Bill Essayli said in a prepared statement. “We hope that (the Sept. 4) filings are the first step in causing the beginnings of a culture change at Southern California Edison, one that will make it a responsible, conscientious company that helps – not harms – our community.”
Essayli added that California residents should not have to pay for the SCE actions described in the lawsuits.
The complaint involving the Eaton Fire, which seeks $40 million in damages, faults the utility for failure to maintain and operate the “faulty power infrastructure” that sparked the wildfire, which went on to burn 8,000 acres in the Angeles National Forest. In addition to scorching federal acreage, the wildfire buried more than 10,000 structures in neighboring regions and led to the deaths of 18 people, according to the lawsuit.
“Forest Service roads, trails, campgrounds and other facilities were destroyed or damaged by the fire and/or at risk from numerous geological hazards (such) as rolling/falling rocks, debris slides, debris flows and floods,” the complaint says. “Multiple miles of recreational trails visited by hundreds of thousands of people per year as well as campgrounds were closed due to the Eaton Fire. …”
The federal government also alleges that SCE was aware of the risks from high-wind conditions on Jan. 7 when the wildfire started. The utility failed to take the needed actions to prevent transmission lines from sparking the fire, according to the complaint.
In the Fairview Fire, which burned almost 14,000 acres in the San Bernardino National Forest, the government is seeking $37 million in damages as a result of damaged or destroyed roads and the destruction of wildlife habitat. The amount includes about $20 million in fire suppression costs, according to the U.S. Attorney’s Office.
An SCE spokeswoman told the Southern California Record that the company is assessing both lawsuits.
“Our thoughts are with the communities impacted by the Fairview Fire,” Gabriela Ornelas said. “We are reviewing the lawsuit and will respond through the appropriate legal channels. We continue our work to reduce the likelihood of SCE's equipment starting a wildfire. SCE is committed to wildfire mitigation through grid hardening, situational awareness and enhanced operational practices."
Ornelas added that the Eaton Fire was heartbreaking.
“While the cause of the fire is still under investigation, we will review this lawsuit and respond through the appropriate legal channels,” she said.
The Eaton Fire lawsuit seeks double or triple damages for the harm done to timber, trees and underwood; interest and penalties; fire-suppression costs; and the costs paid by the United States to advance the legal action.
The federal lawsuits come as other lawsuits from other government entities and private plaintiffs continue to pile into Los Angeles area courts, particularly over the Eaton fire.
Those lawsuits are also seeking to extract payouts from the utility for allegedly causing the fire that claimed 11 lives and destroyed more than 10,000 structures in and around Altadena, according to some estimates.
Most of those lawsuits have been filed in Los Angeles County Superior Court. According to court dockets and online updates published by trial lawyers involved in those cases, most of those complaints have been consolidated for pre-trial proceedings. Several cases could be selected in early 2026 to proceed to so-called bellwether trials, or trials to allow plaintiffs to present example cases on behalf of large numbers of other lawsuits involving similar claims and evidence, to allow both sides to present their evidence and arguments and allow juries to determine the viability of the claims. From there, the plaintiffs and Southern California Edison could possibly hammer out a settlement to resolve all or most of the cases.
A judge has targeted early 2027 for the first of the bellwether trials to take place.
The federal lawsuits would be handled separately from those consolidated individual private lawsuits.
Jonathan Bilyk contributed to this report.
