BOULDER COUNTY, Colo. — Multiple Boulder County governments are suing Xcel Energy over the Marshall Fire, which destroyed more than 1,000 homes and killed two people in the county on Dec. 30, 2021.
Boulder County commissioners, the town of Superior, the city of Louisville, Boulder County Public Health, Superior Metropolitan District No. 1, and Boulder Valley School District filed the lawsuit Dec. 22 in Boulder County district court.
The lawsuit cites damages including "loss of natural resources, open space, and public lands," property damages, fire suppression costs, evacuation expenses, loss of workforce housing, loss of tax revenues, costs associated with recovery, costs associated with soil and air quality testing, damage to infrastructure, damages based on soil erosion, damages related to water contamination, loss of water storage, "loss of aesthetic value," and damages associated with post-fire rain events.
An investigation found the Marshall Fire, the most destructive wildfire in Colorado history, started with a dormant blaze burning on a religious group’s property and was fed by a second fire believed to have been sparked by Xcel Energy equipment.
From June: Marshall Fire cause: Fire on religious group's land, Xcel power line both to blame, officials say
The investigation concluded that an intentionally set trash fire on property owned by a religious group known as Twelve Tribes was the initial point of origin. Roughly 40 minutes after that fire ignited, a second blaze began nearby, sparked by hot particles discharged from an Xcel power line at the Marshall Mesa Trailhead, the investigation found.
Xcel has maintained that its powerlines weren't the cause of the fire.
In response to the lawsuit, the company released a statement Thursday saying:
Our thoughts are with the families and communities impacted by the devastating wildfire in Boulder County. We agree with the Boulder County Sheriff’s Office report that the Marshall Fire started as a result of an ignition on a property (5325 Eldorado Springs Drive) previously reported to be affiliated with an entity called the Twelve Tribes, and that this ignition had nothing to do with Xcel Energy’s powerlines. The Sheriff’s report cites several potential causes for a second ignition near the Marshall Mesa Trailhead that started roughly an hour after the first fire. We believe the second fire burned into an area already burned by the fire from the first ignition, and did not cause damage to any homes or businesses. We strongly disagree with any suggestion that Xcel Energy’s powerlines caused the second ignition, which according to the report started 80 to 110 feet away from Xcel Energy’s powerlines in an area with underground coal fire activity. Xcel Energy did not have the opportunity to review and comment on the analyses relied on by the Sheriff’s Office and believes those analyses are flawed and their conclusions are incorrect. We have reviewed our maintenance records and believe the system was properly maintained. We operate and maintain our electric system consistent with leading energy service practices and we’re proud of our employees and the work they do to deliver safe, reliable and clean energy to our communities. As members of the Boulder community, we will continue to support our neighbors in this recovery.
This is the latest in a series of lawsuits filed since the results of the investigation into the fire's cause were released in June.
From September: Marshall Fire lawsuits against Xcel Energy combined
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