(This story was updated to add new information.)
A federal judge has dismissed an Oregon timber company’s lawsuit blaming the U.S. Forest Service for allowing the blowup of the 2020 Beachie Creek Fire.
Freres Lumber Co., based in the Santiam Canyon, filed a $33 million lawsuit in January asserting that the Willamette National Forest’s “negligent failure to follow its own mandated fire attack plan” led to one of the largest and deadliest wildfires in state history.
Federal District Judge Michael McShane dismissed the lawsuit because fire crews can’t be held liable for firefighting decisions, known as a “discretionary function exception.”
“Specific choices regarding the implementation of that directive are left to the firefighters,” McShane wrote.
Freres Lumber President Rob Freres said the company would appeal the ruling.
What was the Beachie Creek Fire?
The Beachie Creek Fire originated in the Opal Creek Wilderness in mid-August 2020, most likely ignited by lightning. It remained small for weeks. In early September, the fire started to grow and then exploded during historically powerful east winds on Sept. 7 and 8. The Beachie Creek Fire eventually merged with fires ignited by downed power lines in the Santiam Canyon and the Lionshead Fire.