HOOD RIVER, Ore. — A wildfire that destroyed homes and other buildings in southwest Washington over the summer of 2023 is now the subject of a lawsuit, one that accuses the BNSF Railway of negligence for sparking the fire with an aging train.
Law firm Singleton Schreiber filed the lawsuit Wednesday in Skamania Superior Court on behalf of a single plaintiff who lost his housing to the fire. Lance Brooks was forced to evacuate after the fire broke out July 2, according to a statement. The fire destroyed the home he was renting and all of his possessions, and Brooks was displaced until he could find and pay for a new rental property.
“The irresponsible actions of BNSF Railway jeopardized lives, destroyed homes and exhausted the resources of the entire surrounding region,” said lead attorney and managing partner Gerald Singleton. “Lance’s out of pocket costs were extremely high, and the only reason he had to leave his home was BNSF’s negligence. The railway must be held accountable, and our lawsuit seeks to do just that.”
According to the complaint, BNSF negligently operated a 46-year-old train on tracks that they'd failed to maintain, and had not cleared away the vegetation near the tracks that ultimately caught fire. The fire destroyed 10 homes and burned more than 500 acres, displacing about 1,000 people during evacuations.
A preliminary investigation by the Washington Department of Natural Resources supported the conclusion that BNSF's train caused the fire, Columbia Insight reported in September. Investigators found debris at the origin point of the fire that they determined came from a train's brakes and exhaust.
"Defendant could have designed or used a train with a safer turbocharged engine that did not emit exhaust particles likely to start a fire but failed to do so," the complaint says. "Defendant's decision was a cost-saving one that allowed older trains to remain operational despite their known propensity to cause fires."
The complaint cites other wildfires that BNSF was accused of igniting, including the 2015 Fish Lake Fire in Spokane County. Columbia Insight's reporting on the Tunnel 5 Fire investigation also mentioned that in 2007, BNSF's "track grinding" ignited a 200-acre fire at the same spot as the Tunnel 5 Fire, destroying five homes and several other structures.
Based on these and other prior incidents, the complaint alleges, BNSF knew that operating an older train like this one during hot, dry and windy summer conditions could result in "extreme fire behavior."
The complaint does not note a specific amount in its request for relief, but says that the plaintiff's damages are in excess of $100,000.
In a statement, BNSF said that it does not comment on pending litigation. However, it pointed to the company's efforts to reduce fire risk and fight fires when they arise.
"We conduct thorough risk assessments that consider factors as vegetation type, rainfall, relative humidity, temperature, wind speed/direction, time-of-day of work activities, and type and extent of work activities," the company said. "We clear brush, cease hot work activities during periods of high winds or unpredictable gusting wind, use spark shields, pre-wet the work environment when needed, and designate fire watchers to be able to react quickly in the event of a fire. We also have tank cars full of water pre-staged in areas prone to fire conditions."
In Washington, BNSF said, the company has two specialized firefighting trains. One of those specifically serves the southwestern area of the state.
"BNSF works closely with local fire agencies and during fire season, these trains not only help fight fires, regardless of the cause, but also transport firefighters into remote areas and serve as a mobile command center for first responders," they said.