Millions in damages from historic wildfires, who will pay?

Oregon's wildfire season is still not over.

The Crazy Creek Fire, burning in Crook County and a small section of southern Wheeler County, is nearing containment. However, several small fires were started over the past two weeks after deer hunters sparked small blazes in Gilliam and Wheeler counties. Local volunteer fire departments quickly put out the fires, but the risk remains high, and locals remain on edge.

But with moisture on the way this week and fall temperatures dropping, the 2024 fire season is nearing an end. As it does, local, state, and federal firefighters have opportunities to review their responses to the worst wildfire season in the state's history. And the devastation in Gilliam and Wheeler counties will not soon be forgotten.

While the fires will no doubt present an opportunity to rethink emergency management procedures and preventative actions for the future, questions about liability continue to swirl throughout the state.

With nearly 2 million acres burned, Oregon wildfires surpassed a grim record set in 2020. The cost of fighting the fire has also shattered previous efforts.

In 2024, one-quarter of a billion dollars was spent suppressing fires and protecting structures. The astonishing $250 million price tag is only the part needed to fight fires, not recover from them. Now, the Oregon Department of Forestry is out of funds and is looking for federal funds to manage the shortfall.

As communities begin the long road to recovery, many people want those responsible for manmade fires held accountable.

Several of the worst fires in the area were caused by lightning, including the cluster of fires that became known as the Fossil Complex Fire, which burned 26,817 acres, and the Shoe Fly Fire, which burned 26,817 acres.

But the Lone Rock Fire, the largest in the region at 137,222 acres that burned through Gilliam, Wheeler, and Morrow counties, was not started by lightning or natural causes. While the case is under investigation by the Oregon State Fire Marshal, the blaze is thought to be manmade. Should the investigation produce eyewitnesses and sworn testimonies – prosecutors with the Oregon Department of Justice could have a strong case. But that doesn't necessarily mean that anyone will be held accountable or will have to pay back the millions of dollars in damages.

In 2018, a teenager from Vancouver was found liable for fires that he lit in the Columbia River Gorge, which culminated in a $40 million judgment for repayment. The Oregon Legislature also worked to address this issue and established new guidelines for arson and cost recovery. Staff were hired to manage and recover costs associated with manmade wildfires.

But all of this doesn't appear enough to find those responsible for setting wildfires, or recouping the costs.

An investigation from the Oregon Capital Chronicle found that $24 million has remained unpaid for 36 fires set since 2004.

And those cases are just the tip of the iceberg.

Dozens of other manmade fires are currently under litigation, and scores more have been under investigation for several years.

The costs associated with investigating manmade fires, hiring attorneys to present cases in court, and responding to challenges or counter lawsuits are crippling the recovery effort.

Even when a guilty party has been identified and begins a payment plan, there is little chance that they can pay back the tens of millions of dollars they owe.

Total cost Oregon 2024 fire season: $241.2 million

Estimated total cost of fires burned in Gilliam and Wheeler counties: $160.75 million

Lone Rock Fire - 137,222 acres (Gilliam, Wheeler, Morrow) costing $33 million;

cause under investigation

Crazy Creek Fire - 86,968 acres (Crook, Wheeler) costing $38.3 million; caused by lightning

Shoe Fly Fire - 26,817 acres (Wheeler) costing $15.35 million; caused by lightning

Fossil Complex Fire - 24,446 acres (Wheeler) costing $20.1 million; caused by lightning