Shasta County DA says PG&E criminally liable for Zogg Fire

Pacific Gas and Electric Co. is facing possible charges in Shasta County after District Attorney Stephanie Bridgett determined the utility company is criminally liable for the Zogg Fire, which burned more than 56,000 acres last September.

In an announcement published on Facebook, the DA said she has not made a final decision on the nature of the charges, but plans to make a filing decision before the anniversary of the fire.

On Friday, Bridgett's office said in an email they would, "carefully review all the evidence in this case to determine what charges, including homicide, are appropriate under the law," and would do "everything in its power to seek justice for the victims of this fire, regardless of whether that involves charges against an individual or corporation."

The fire started on Sept. 27, 2020, destroying 204 structures and killing four people. A Cal Fire investigation published in March and forwarded to the district attorney, found the Zogg fire "was caused by a pine tree contacting electrical distribution lines owned and operated by Pacific Gas and Electric," just north of Igo in Shasta County.

"The loss of life and devastation in the communities impacted by the 2020 Zogg Fire is heartbreaking, and we recognize that nothing can heal the hearts of those who have lost so much," PG&E said in a statement published shortly after the DA's announcement.

"The company already has resolved civil claims with Shasta County and continues to reach settlements with individual victims and their families impacted by the Zogg Fire in an effort to make it right. We do not, however, agree with the district attorney's conclusion that criminal charges are warranted given the facts of this case," the utility's statement added.

In May, Shasta County and neighboring Tehama County received $12.36 million from PG&E to settle their lawsuit filed in December 2020 that listed nine causes of action including allegations of negligence.

Shasta County received the majority of the settlement, which was announced in May, because it experienced the majority of the fire damage, according to San Diego based John Fiske of Baron & Budd PC, who represented the counties with Torri Sherlin of Baron & Budd and Ed Diab of Dixon Diab & Chambers LLP.

"What is interesting about the Zogg fire settlement is that it is one of the fastest-resolved civil liability cases in utility caused wildfire litigation," Fiske said Friday in an interview. "I think the reason for that is the recognition that it's important to compensate communities as quickly as possible in the aftermath of a utility caused wildfire, so that communities can rebuild and rebound."

Fiske noted Shasta County's settlement is separate from the district attorney's criminal liability findings. Shasta County et al. v. PG&E Co. et al., CGC-20-588433 (S.F. Sup. Ct., filed Dec. 10, 2020).

PG&E has been involved in a string of civil and criminal battles over its involvement in several wildfires. The company settled claims by Sonoma County, the cities of Cloverdale, Healdsburg and Santa Rosa and the town of Windsor resulting from the Kincaid fire for $31 million in May.

Last summer, the utility pleaded guilty to 84 counts of manslaughter in connection with the 2018 Camp Fire in Butte that burned over 153,000 acres and the company is facing 33 criminal charges in Sonoma County over its alleged role in the Kincaid Fire.

The utility and its attorneys, Brad D. Brian and Michael R. Doyen of Munger, Tolles & Olson LLP, Jane Gaskell of Andrian, Gallenson & Gaskell and in-house counsel Timothy Lucey, are challenging 22 of the 33 charges filed by Sonoma County District Attorney Jill Ravitch.

A hearing on the demurrer is set for Sept. 9. People v. Pacific Gas & Electric Co., SRC-7452284 (Sonoma Sup. Ct., filed April 6, 2021).