PacifiCorp urged an Oregon appellate court on Wednesday to overturn a ruling that exposes the utility, owned by Berkshire Hathaway, to potential wildfire liabilities amounting to $52 billion. The Portland-based utility has denied claims from thousands of state residents who allege the company negligently failed to de-energize power lines during high winds over the 2020 Labor Day weekend, sparking destructive wildfires.
PacifiCorp argued that the trial judge erred in allowing victims from four separate wildfires—each more than 100 miles (161 kilometers) apart—to sue together in a single class action, which also included damages from a fifth fire attributed to lightning. The utility further contended that the judge should not have permitted jurors to award compensation for “non-economic” losses, such as emotional distress, in addition to property damage. “This is a tragedy,” stated Theodore Boutrous, an attorney for PacifiCorp, before a three-judge panel of the Oregon Court of Appeals, referring to the wildfires. “The question is how do we resolve these cases efficiently? This is not the way to do it.” Berkshire Hathaway acquired PacifiCorp in 2006 for $5.1 billion.