Marshall Fire In Colorado: Possible Causes May Lead To Litigation

Potential Causes of the Marshall Fire in Colorado

When the fire first began, there were reports that it likely started from downed power lines. The first firefighter to arrive told dispatchers that a power line was hanging low across the road. Moreover, the firefighter did not report any flames. The firefighter requested the energy company be dispatched to repair the line. However, the company that appeared on the scene found no downed lines. The area’s largest telecommunications providers also advised that none of their wires were down in the immediate area of where the fire began.

After the fire was contained, the Federal Bureau of Investigation and the Bureau of Alcohol, Tobacco, Firearms, and Explosives became involved in the investigation. The authorities executed a search warrant and seized control over a property owned by Twelve Tribes, a fringe Christian sect. This occurred after two witnesses said they saw fire on or near the Twelve Tribes property at and around the time the fire ignited. On the morning of the fire, a Twitter user posted a video of something burning—possibly a structure—in the Twelve Tribes area. The user filmed the video approximately 24 minutes after the initial report and nine minutes after firefighters responded to the scene.

Coal Mine Fire

Whether an underground coal mine fire could have ignited the fire is another issue that investigators are examining. Underground fires can begin in the coal seams and spontaneously erupt, triggering aboveground fires. A similar eruption happened back in 2002, in the area near Glenwood Springs, which burned 29 homes. As a result, state regulators actively monitor coal fires. State regulators are currently monitoring 38 ongoing coal fires throughout Colorado. Two of these 38 coal fires are near the area of the Marshall fire in Colorado. There has not been much up-to-date information concerning these fires. However, a 2018 report by the Colorado Department of Natural Resources Division of Mining Reclamation Safety classified the fires as low activity and as posing a low safety risk.

The Environment

Environmental factors, such as dry conditions and unseasonably warm temperatures, may also have been a culprit. These factors may have intensified the fire and created the strong winds that carried it. The winds were the cause of the spread of the fire. However, fire division officials stated that the extreme wind before the fire has complicated their understanding of the fire’s development. The extreme wind also impacted the identification of the ignition source.

Human Factors

If human activity or error caused the fire, it is very likely that those responsible will face litigation. In the Marshall fire, it remains unclear whether there was, in fact, a downed power line. However, if such is the case, the company responsible for those lines could be liable. For example, a faulty transmission line caused the Kindcade fire in Sonoma County, California, which burned over 77,000 acres. Then, this past year, Pacific Gas & Electric agreed to pay $125 million in fines as part of a settlement agreement.

In addition, Sagamore residents have expressed concern over the town’s response to the fire. Residents claimed they never received evacuation alerts. Furthermore, residents claimed that responding firefighters did not use sirens or megaphones to alert them of the need to evacuate. There have also been reports that the fire hydrants in the area were dry. Officials have announced that a formal analysis is underway concerning their response to the fire.

There are also various insurance concerns that could lead to litigation. A number of the affected residents have expressed that they are underinsured to cover the extent of the damages.

Lastly, criminal charges are possible as well, with the Boulder County Sheriff indicating that investigations are still ongoing. As one former district attorney of Boulder County, Stan Garnett, opined, “In terms of criminal, the issue is going to be is it a misdemeanor or a felony? And that’s going to depend on how intentional was the behavior or how careless or negligent was it that actually started the fire, if it’s human-caused.”