By CLAIRE RUSH
Associated Press

PORTLAND, Ore. (AP) — Three Oregon lawmakers say they plan to introduce a bill that would bar utilities from raising rates if they have unresolved wildfire lawsuits for three or more years, describing it as an effort to hold PacifiCorp accountable as the utility faces a series of lawsuits stemming from the deadly 2020 wildfires that ravaged the state.

Republican state Reps. Jami Cate, Virgle Osborne and Ed Diehl announced their proposal in a statement Monday, on the heels of an approved rate increase for PacifiCorp customers and a federal lawsuit against the electric power company.

The federal government sued PacifiCorp last week over the Archie Creek Fire, which ignited in Oregon’s Douglas County in September 2020 and burned more than 200 square miles, about half of which was federal land. The complaint accuses the company of negligence for failing to maintain its power lines to prevent wildfires. In its filing, the government says it brought the suit to recover “substantial costs and damages.”

A PacifiCorp spokesperson said in an emailed statement Monday that the company was working with the U.S. government to resolve the claims.

“It is unfortunate the U.S. government decided to file a lawsuit in federal district court, however PacifiCorp will continue to work with the U.S. government to find reasonable resolution of this matter,” the statement said.

The federal lawsuit was filed on the same day the Oregon Public Utility Commission approved a 9.8 percent rate increase for PacifiCorp’s residential customers next year. In its rate case filings, the company said its request to increase rates was partly due to higher costs stemming from wildfire risk and activity.

When the new rate takes effect in January, PacifiCorp rates will have increased nearly 50 percent since 2021, according to the Oregon Citizens’ Utility Board, which advocates on behalf of utility customers.

The three lawmakers said they will introduce their bill in the upcoming legislative session, which starts in January.

“The federal government is doing the right thing by filing this lawsuit, and we stand firmly behind it,” Osborne, who is set to be the future bill’s co-chief sponsor, said in a statement. “PacifiCorp needs to pay up and take responsibility for the destruction they’ve caused, and putting a stop to rate hikes is the best way to achieve it.”

PacifiCorp is poised to be on the hook for billions in damages in the series of lawsuits over Oregon’s 2020 fires.

The company has already reached two settlement agreements over the Archie Creek Fire, including one for $299 million with 463 plaintiffs impacted by the blaze and another for $250 million with 10 companies with commercial timber interests, according to its website.

In other litigation, an Oregon jury in June 2023 found it liable for negligently failing to cut power to its 600,000 customers despite warnings from top fire officials and determined it should have to pay punitive and other damages — a decision that applied to a class including the owners of up to 2,500 properties. Since then, other Oregon juries have ordered the company to pay tens of millions to other wildfire victims.

The wildfires that erupted across Oregon over Labor Day weekend in 2020 were among the worst natural disasters in state history, killing nine people and destroying thousands of homes.

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By ALEXANDRA OLSON and WYATTE GRANTHAM-PHILIPS
AP Business Writers

NEW YORK (AP) — The hazardous haze from Canada’s wildfires is taking its toll on people whose jobs have forced them outdoors along the U.S. East Coast even as a dystopian orange hue led to the cancelation of some work on jobsites.

Delivery workers, construction workers, farm laborers and railroad and airport employees on the West Coast have become all too familiar with the hazards that come with massive wildfires. Yet in the East a sun jaundiced by smoke is so novel, many workers had no idea what was happening.

Some, unprepared for the effects of smoke inhalation, left their jobs midday unable to carry on as the air quality worsened. Most, however, pushed through in the hopes that the skies would clear.

They haven’t.

A laggardly weather system has settled over the region and the smoky blanket billowing from wildfires in Quebec and Nova Scotia has continued.

Some companies provided N-95 masks and allowed employees to take breaks indoors but labor rights groups pushed for more protections, replaying a years-long struggle that began in California and other Western states.

In recent years labor agencies in California, Oregon and Washington have adopted rules requiring employers to provide protection from wildfire smoke, including N95 respirators, breaks and sometimes moving operations indoors. California Gov. Gavin Newsom passed a bill in 2021 allowing farmworkers access to the state’s stockpile of N95 masks.

While wildfire smoke has traveled across the continent to the East Coast in the past, conditions this week were particularly severe across the Midwest and East Coast. There is little official guidance in the East related to wildfires and there are no such specific standards at the federal level, though employers must protect workers from wildfire smoke under general laws requiring safe work sites.

There are potential long- and short-term financial and health ramifications for workers. A study last year found that every day of exposure to drifting wildfire smoke can reduce workers’ quarterly earnings by 0.1% — a toll that comes to $125 billion a year in lost income.

“One thing that seems really clear from our research is that the effects of smoke on labor earnings or labor market incomes will extend past the days in which the smoke is bad,” said Mark Borgschulte, one of the study’s authors and an assistant professor in economics at the University of Illinois Urbana-Champaign. “You can see people having heart attacks on days when air pollution is bad. That’s going to affect them for a long periods of time.”

Wildfire smoke contains hundreds of chemical compounds, experts note. In the short term, vulnerable people can be hospitalized and sometimes die from excessive smoke. Scientists have also linked smoke exposure with long-term health problems including decreased lung function, weakened immune systems and higher rates of flu.

Even when rules are in place, labor activists say getting companies to comply is another matter.

Tony Cardwell, president of the country’s third-largest railroad union, said he has clashed with rail companies over protections for workers in California even after new wildfire rules were place. He said the Brotherhood of Maintenance of Way Employes Division, which represents track maintenance workers, is sending emails this week to railroads operating in the East to seek protections, including air quality monitoring and rescheduling work.

Amtrak said it made N-95 and KN95 masks available to all employees, and in areas were where the air quality is considered hazardous, the company postponed non-critical work that requires employees to be outdoors. Norfolk Southern is conducting air monitoring and providing workers with N95 masks where needed, spokesperson Connor Spielmaker said.

Other companies scrambled to take similar steps.

Alex Kopp, safety director for The Association of Union Contractors, which represents 1,800 construction contractors, said the group was “concerned that air quality will have an effect on jobsite safety” and urged members to take precautions. But he acknowledged that “the current air quality certainly presents a new challenge.”

Local 3 IBEW, an AFL-CIO affiliated union representing electrical workers in New York, said it received reports of only two jobsites closing recently due to air quality issues despite public warnings to remain indoors, though some contractors are requiring masks.

Many workers were left to navigate the threat on their own.

Victor Aucapina, a construction worker doing a home renovation in Brooklyn, pulled his T-shirt over his nose between bites as he sat on a curb during a lunch break. Aucapina said he opted to keep his two young children home from school recently but said he couldn’t miss work as his family’s sole breadwinner.

He was caught off guard as skies grew more yellow by lunchtime and winds carried with them the scent of burning trees.

“I didn’t think it would so bad. Now I feel the smoke, the smell,” said Aucapina, who added that he may bring a respirator if conditions don’t improve but missing work would “be a last resort.”

Wildfires of this size are so novel in the East, many workers did not immediately grasp the threat.

Warren Duckett didn’t realize anything was wrong when he set out for his construction job in Washington, D.C., and heard about the wildfires on the radio. Soon, one co-worker was on his way home suffering from smoke-related sinus issues, but Duckett pushed on.

“We thought it was just a foggy morning,” Duckett said.

Duckett was hopeful that the skies would clear in the afternoon, but as in New York, that was not the case.

Associated Press writers David Koenig and Paul Wiseman in Washington, D.C., also contributed to this report.

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