3 years later, why hasn't Oregon released investigations into deadly Labor Day wildfires?
It’s been more than three years since historic wildfires tore through multiple Oregon communities, burning 1 million acres and forever altering the lives of thousands.
As communities rebuild, survivors put their lives back together and lawsuits assign blame, one element of recovery remains missing: an official cause for almost all of the fires.
Of the nine major Labor Day fires that exploded in Oregon in September 2020, eight remain either under investigation, incomplete or have not been made public.
Oregon's slowness in producing the reports has brought frustration and confusion. It also differs sharply from how California produces wildfire investigations.
"It’s shocking to me that they have not concluded the fire investigations," said Tim Ingalsbee, executive director of the Eugene nonprofit Firefighters United for Safety, Ethics, and Ecology.
Only the Archie Creek Fire, which burned 131,542 acres in southern Oregon’s North Umpqua Canyon, has had its investigation completed and released through a public records request. It cited ignitions from power lines owned by PacifiCorp as cause of the fire.
Most others — Riverside, Almeda, Echo Mountain, Santiam, Holiday Farm, 242 and South Obenchain fires — remain without answer. In some cases, the investigation reports have been finished but haven’t been released publicly. In others, law enforcement is still seeking fresh leads and information.
Not having the investigations public can be a problem. It allows conspiracies about the fires to fester, hinders fire survivors ability to get relief and can prevent communities from learning how to prevent future disaster, said Gianni Muschetto, chief of law enforcement for Cal-Fire.
The Oregon Department of Forestry and U.S. Forest Service, which are in charge of most of the investigations, defended their timeline. Both cited the unprecedented scale of the fires and said time was needed to get the information correct and recover costs or file charges against responsible parties.
“(We) understand the impact that these investigations have on the public, and that is why the department is working so hard to make sure that this process is done right,” ODF spokeswoman Jessica Prakke said.
Emotional and financial cost
From almost the beginning, the cause of Oregon’s Labor Day fires were controversial.
While historically powerful east winds were the cause of the fires’ rapid spread, the question of who or what sparked the blazes became a political flashpoint.
Claims that Antifa or the Proud Boys ignited the fires went viral on social media, diverting police resources. The assertion that former Gov. Kate Brown prevented firefighters from putting out pre-existing fires, causing them to blow up, is still commonly heard.
"Especially on large fires, where there is damage, death and loss, it can get very tense and turn very political," Muschetto said. He said Cal-Fire almost always releases fire investigation reports within a year or year and a half, even on major wildfires, in part to "squash conspiracies, rumors or fear."
In the Camp Fire, which burned the town of Paradise in 2018 and killed 84 people, release of the fire investigation report took about a year. Two years after the fire, Pacific Gas & Electric pleaded guilty to 84 counts of involuntary manslaughter. The nearly 1 million acre Dixie Fire investigation was also released after about a year.
"It's a major benefit for the public to know what happened," Muschetto said. "Once you put out the details, it can put people's minds at ease."
As the public goes for long periods of time without investigation reports, rumors and incomplete information harden, Pacific University political science professor Jim Moore said.
“The longer it takes to get answers, the harder it is to change anyone’s mind," he said.
Muschetto said another reason to get information out as soon as possible is to prevent future fires.
"Not everyone knows what can cause a fire. So by putting out the circumstances that led to the fire, it helps folks know, 'Oh, that's something to be aware of,'" he said.
Another reason for a quick release of info is that fire survivors sometimes need the report for insurance claims or to take civil action, Muschetto said.
Oregon vs. California wildfire investigations
There are two key differences between Oregon and California.
First, Cal-Fire is far better funded and has more resources, with 120 dedicated fire investigators and an agency budget of roughly $3.7 billion in 2021-22.
ODF, by contrast, has around 25 dedicated fire investigators and a budget normally between $500 and $600 million. Recent funding has allowed the agency to add two additional investigators.
But there are also key differences in how fire investigations are handled, including how long reports are kept walled off.
For Cal-Fire, once a "cause and origin" investigation of a fire is completed, it's normally available publicly. That can be delayed or parts of the report can be redacted if there are plans to file criminal charges. But California's public record laws often allow some release of the report even during that process, Muschetto said, and he couldn't remember it ever taking longer than two years to release a report publicly.
In Oregon, and on federal lands, the process takes longer partly because the agencies keep the investigations off limits through three phases: the cause and origin investigation, certifying costs of the fire and a third step — cost recovery, which can involve litigation or a law enforcement investigation.
For example, the cause and origin investigation of the South Obenchain Fire, which burned in southern Oregon, has been completed. The same is true of the Kimberling Mountain Fire, which was part of the Echo Mountain Complex outside Lincoln City.
But ODF won't release those reports because the agency said it is in the process of having its firefighting costs certified. Then, if a responsible party is identified, the agency would work toward cost recovery, Prakke said.
Only after that final process would ODF release the report, which means it could still take a while.
“The investigation does more than simply determine the location and cause of a wildfire,” Prakke said. “It is also designed to determine whether someone is liable for fire suppression costs. This second step (cost recovery) can contribute to the time that it takes to complete the investigation.
“Protecting the integrity of the investigation and any potential litigation is essential for the department to correctly collect fire suppression costs from any responsible parties," Prakke added. “Cost recovery is what takes the economic impact of fire off Oregon landowners and taxpayers, so though it is taking a long time, it is with the intent to be responsible with and reimburse taxpayer dollars.”
Forest Service investigations are also well-known for taking a long time to release. In 2018, it took a relatively short time to determine the Terwilliger Fire was human-caused and what ignited the fire. However, the Forest Service wouldn't release any findings, citing "ongoing investigation," for more than two years while investigators searched for the parties responsible. No one was ultimately charged for igniting the fire, but they did chase down some fascinating leads in a case that provides a window into the challenge of fire investigations.
“Fire investigations are often complex and the potential for enforcement proceedings can result in extended timelines," said Jennifer O'Leary, spokeswoman for the Forest Service.
Pandemic, backlog, 'lack of access' slow fire investigations
ODF said the investigations were also slowed by the pandemic and an ever-expanding backlog of fires to investigate.
"ODF had pre-existing fire investigations when the September 2020 wildfires started and has continued to investigate new fires that started in 2021, 2022 and 2023," Prakke said. "On top of new fires, all of this happened during the COVID-19 pandemic, which contributed to delays of certain investigative actions."
There have also been issues in conducting some of the investigations, she said.
“Some of ODF’s investigative efforts have been hampered by a lack of access to potential witnesses and evidence,” she said.
Law enforcement is also part of the picture, and in the case of the deadly Almeda Fire, Ashland Police have simply run out of leads, they told the Rogue Valley Times. Fire officials did determine and release that the fire was “of human origin.”
“It’s not a closed case; it’s not a cold case,” Ashland police Chief Tighe O’Meara told the Medford newspaper earlier this month. “There simply isn’t day-to-day, week-to-week or month-to-month stuff for the detectives to work on to move it forward. Until something comes along that gives the detectives something more to look into, there isn’t anything else to look into."
Billions on the line in lawsuits without reports
This year, a high-stakes class action lawsuit, representing 5,000 fire survivors suing PacifiCorp, went forward without the state’s report on what happened. The jury made a potentially multi-billion dollar judgement without the best evidence or expert witnesses.
After a nearly seven-week trial, a jury awarded $90 million to survivors of four of the Labor Day fires. A second phase of the trial begins in January and could ultimately cost PacifiCorp billions.
Other lawsuits are moving forward as well. A trial for a lawsuit against the Eugene Water & Electric Board and Lane Electric Cooperative, blamed for causing the Holiday Farm Fire outside Eugene, is scheduled to begin in May. Other lawsuits against PacifiCorp are also advancing through the courts.
Without the investigations completed, the trials have moved forward without the single best piece of evidence. Lawyers cannot call state or federal fire investigators to prove or defend their cases.
And once the investigations are released, it could lead to further litigation or a new trial being ordered, lawyers with knowledge on the matter said.
Overall, Prakke noted the scale and complexity of the Labor Day fires just made this situation take longer.
"This was an unprecedented event in Oregon fire history and the investigations are not the standard cause and origin investigations.”
Where each Oregon fire investigation stands
The latest information on the status of government investigations into the 2020 Labor Day fires that took place in northwest Oregon, in addition to the status of active lawsuits.
Almeda Fire (Jackson County)
The fire remains under investigation by Ashland Police. Fire officials did determine the fire was human-caused.
Archie Creek Fire (Douglas County)
Investigations by the Forest Service, Bureau of Land Management and Douglas Forest Protective Association determined PacifiCorp equipment caused or likely caused three separate Archie Creek ignitions at locations miles apart, The Oregonian reported.
Litigation: Two families settled with PacifiCorp but an additional trial is scheduled for January, according to The News-Review.
Beachie Creek/Santiam fires (Marion and Linn counties)
This is being investigated as two different fires. The Beachie Creek Fire started in the Opal Creek Wilderness and was investigated by the Forest Service, while the Santiam fires, centering on the Santiam Canyon, is being investigated by ODF. The fires combined or overlapped and burned a combined 193,000 acres, killed five people and destroyed 470 residences and 818 other structures.
Beachie Creek: Ignited Aug. 16, 2020, the Forest Service most recently said “the fire was thought to be a holdover caused by a lightning strike from a storm several weeks earlier.” The Statesman Journal reported how this fire was managed and how it exploded Labor Day 2020.
Santiam fires: This investigation focuses on potential ignitions in the Santiam Canyon due to downed power lines or other ignition sources. ODF is investigating whether any separate fires started on ODF-protected lands within the Santiam Canyon during the Labor Day 2020 event. “The investigation is ongoing. ODF has conducted an extensive investigation and anticipates completing its investigative work within the next six months,” ODF said.
Litigation: A Multnomah County jury found PacifiCorp negligent for the Santiam fires. The case has moved into a second phase that begins in January.
Echo Mountain Complex (Lincoln County)
ODF investigated two separate fires that burned in close proximity in Lincoln County in September 2020: The Kimberling Mountain Fire and the Echo Mountain Fire (together known as the Echo Mountain Complex). The Kimberling Mountain Fire investigation is complete but has not been publicly released. ODF is in the process of certifying its costs for this fire. The Echo Mountain Fire investigation is ongoing, ODF said.
A Multnomah County jury found PacifiCorp negligent for the Echo Mountain Complex. The case has moved into a second phase that begins in January.
Holiday Farm Fire (Lane County)
The 173,000-acre fire in the McKenzie Corridor, which burned roughly 768 homes, is being investigated by the Forest Service. The federal agency says the investigation is still active.
Litigation: A lawsuit is moving forward against Eugene Water & Electric Board and Lane Electric Cooperative for the fire. A trial is scheduled to begin May 7.
Lionshead Fire (Warm Springs / Marion County)
The 204,412-acre fire, which swept from east of Mount Jefferson all the way to Detroit, was ignited by lightning on Warm Springs Reservation.
South Obenchain Fire (Jackson County)
The 33,000-acre fire burned about 90 buildings southeast of Shady Cove in southern Oregon. ODF said the investigation into the cause and origin of the fire is complete but has not publicly released it. ODF is in the process of certifying its costs for this fire and may then seek reimbursement of firefighting expenses.
Litigation: A Multnomah County jury found PacifiCorp negligent for the South Obenchain Fire. The case has moved into a second phase that begins in January.
Riverside Fire (Clackamas)
The 138,054-acre fire, which ignited at Riverside Campground on the upper Clackamas River, is being investigated by the Forest Service. The federal agency said the investigation is “still active.”
242 Fire (Klamath County)
The 14,500-acre Klamath County fire is being investigated by the Forest Service and the investigation is “still active.”
Litigation: A Multnomah County jury found PacifiCorp negligent for the 242 Fire. The case has moved into a second phase that begins in January.
Zach Urness has been an outdoors reporter in Oregon for 15 years and is host of the Explore Oregon Podcast. Urness is the author of “Best Hikes with Kids: Oregon” and “Hiking Southern Oregon.” He can be reached at zurness@StatesmanJournal.com or 503-399-6801. Find him on Twitter at @ZachsORoutdoors.
This article originally appeared on Salem Statesman Journal: Why hasn't Oregon released investigations into Labor Day wildfires?
