Feds settle with Sierra Pacific in Moonlight suit

Delaine Fragnoli

Managing Editor

Updated 7/9/2012

Settlement to include cash and transfer of timberlands

According to a memo from SPI owners Red, George and Mark Emmerson to SPI employees Monday, July 9, the settlement will include cash and a transfer of some timberlands.

In their memo, the Emmersons reassured their employees that the settlement would not affect their jobs or the overall viability of SPI.

The Emmersons said they still believe neither SPI nor its contractors started the fire, but because they could still be found responsible, they decided to settle.

7/6/2012

The federal government has settled its suit against Sierra Pacific Industries over who started the 2007 Moonlight Fire, sources reported Thursday, July 5.

The terms of the agreement have not been made public. All parties are expected to sign the agreement by Wednesday, July 11, at which time the terms will be disclosed.

The government sought $700 million in alleged damage to the Plumas and Lassen national forests. Besides suppression, investigation, collection and administration costs, the feds also seek payment for loss of timber, habitat and environmental value as well as costs for rehabilitation and restoration.

The settlement will likely be the largest ever in a case about the origin of a wildfire. Previously, the Storrie Fire settlement, at $102 million, was the richest. Union Pacific settled that case in 2008. The Storrie Fire burned 52,000 acres in the Plumas and Lassen national forests in 2000.

The Moonlight agreement came as the suit was scheduled to go to trial. Instead, U.S. Magistrate Judge Gregory G. Hollows called for negotiations.

Unspecified logging operations were the cause of the fire, according to a brief report given to the media more than a month after the fire by Forest Service officials.

It took almost two years before the investigative report would be released to the public.

The official cause identified in the report was a rock strike from the front blade of a bulldozer driven by a Howell’s Forest Harvesting employee.

The fire originated in the Cooks Creek Timber Sale.

The property manager named in the suit was W.M. Beaty and Associates of Redding, which was responsible for submitting the timber harvest plan and was the timber seller.

The purchaser named in the suit was Sierra Pacific Industries of Anderson.

The timber operator listed was Eunice Howell, owner of Howell’s Forest Harvesting of Shasta County.

The federal suit is just one of several in the legal finger-pointing over who was responsible for starting the fire. CalFire has its own suit in Plumas Superior Court seeking $8.4 million in fire suppression, investigation, administration and accounting costs.

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Comments

+5#1lawsuit — Me2012-07-06 17:07

Would be nice to see the money go to Rehab work. I know the FS planted some of the ground out there, but the brush is WAY out compeating the trees in most places!

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+10#2Feds responsible — JL2012-07-06 21:05

I am sorry to hear that SPI settled. It was the Forest Service NOT responding in a timely manner that caused this fire to explode. We watched it burn for hours before there was any meaningful response, and by then it was too late.

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+1#3been there — Don Hamilton2012-07-07 06:13

The Moonlight fire started on a day that couldn't have aligned better with high temperature, low RH, low fuel moisture, slope and wind. The USFS generated a full wildland response with engines, crews, dozers, helicopters, airtankers, air attack aircraft and qualified overhead. No chance to stop it.

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+3#4JL — Me2012-07-07 07:33

The fire was already over 40 acres by the time the first engine got on scene. I remember it like yesterday listening to my scanner and Mt.Hough saying that he's never seen a fire move like this. It takes time to get resources to a fire like that. you cant go abracadabra and there they are!!

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+5#5North Arm Resident — North Arm2012-07-07 07:39

Hamilton, the aerial attack on this fire was delayed. We watched it grow for days with no helicopter or planes on it. At first the North wind was not an issue, it could have been stopped.Perhaps the dope-smoking lookout man didn't have his best day of working on behalf of the people.

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-5#6RE: Feds settle with SPI in Moonlight suit — Kurt Montandon2012-07-07 08:03

@North Arm: That's funny, I remember driving over and taking pictures on the first day of the fire, including some of P-3s dropping retardant. The aerial response was the same day - the winds were just too heavy for anything but an impossible magically instantaneous response.

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-4#7Initial Attack — Michael C2012-07-07 08:04

I remember listening to the Moonlight initial attack on the radio. It was a "heavy" dispatch including aircraft. As Hamilton said, it was a perfect storm of dry fuels, wind and steep slope. No chance to stop it. By the way..."Hamilton" was the Helitack Superintendent. He knows his stuff.

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-5#8Initial Size Up — Pungo2012-07-08 05:53

I remember the first air tanker reports. The first tanker minutes after the dispatch, "approximate 1 acre medium fuels rapid rate of spread," and within minutes of that, the second tanker "approximate 5 acres, heavy fuels, rapid rate of spread."

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-4#9RE: Feds settle with SPI in Moonlight suit — Pulaski2012-07-09 07:15

Anyone who thinks the FS could have stopped this in some way, with the near perfect alingment of fire conditions, is a total and complete moron. If this is you please seek medical attention.

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+10#10RE: Feds settle with SPI in Moonlight suit — Plumes2012-07-09 11:26

Pulaski, who was responsible for the conditions of the forest on USFS land that contributed to the fires destructiveness?

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+3#11RE: Feds settle with SPI in Moonlight suit — Pulaski2012-07-09 11:50

Plumes,
You are completely right about that. Trust me the now 90+ year decision by the FS to not allow sufficient logging and or natural burns to occur have created a tinderbox. However in this specific case a "delayed" response by the FS did not change what would happen either way.

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0#12Feds and SPI — Bill K2012-07-09 17:28

It would also be nice to see the Fed's also charge the fire control officers with CalFire/USFS for causing/allowing their fires/controled burns get out of hand also. They always charge the little guy, but never take any blame when they start fires and destroy property/timber/habitat. Bill K

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+13#13FS Blame — Craig2012-07-09 17:57

The same day, Collins Pines extinguished a fire on their property (same kind of potential) except their property was properly managed. Hence, no major fire. The FS couldn't extinguish the Moonlight fire, but they could've prevented it had they managed OUR property better.

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0#14Pulaski and Craig — Me2012-07-09 19:39

What are you talking about??? every time the FS puts up a timber sale they get sued to stop it over some BS reason! the fire started on PRIVATE ground no FSso dont go blaming the FS!! blame the PRIVATE land owner!!

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