Mikal Watts Spreads the Word about the Texas Panhandle Fire

June 25 2024 Update

Texas Panhandle Wildfire Update: Seeking Accountability and Enhancing Preparedness

Three months after the Texas Panhandle experienced its most destructive wildfires to date, local residents are proactively preparing for additional fires, reflecting a community determined to prevent future devastations. This collective resilience is manifesting in heightened self-mitigation efforts, from mowing grass to maintaining sprinkler systems. For further details on the story of residents making these preparations, read more here. 

The Panhandle residents have commendably taken it upon themselves to help mitigate the spread of future wildfires, engaging in diligent land maintenance and community safety initiatives. Their efforts are praiseworthy, yet they underscore a larger systemic issue that requires attention beyond individual actions. True safety can only be achieved through rigorous oversight and accountability of the utility companies responsible for the maintenance of their infrastructure. These companies failed to ensure that their equipment was safe and operational, directly causing and contributing to the scale of the disaster. 

Legislative Progress with the Fire Ready Nation Act

U.S. Senators Ted Cruz (R-Texas) and Maria Cantwell (D- Washington) have introduced the Fire Ready Nation Act, aiming to bolster wildfire prediction, response, and preparedness across the United States, particularly in wildfire-prone areas like the Texas Panhandle. This bipartisan bill proposes significant enhancements to the National Oceanic and Atmospheric Administration (NOAA), including deploying additional meteorologists directly to wildfire sites to improve the accuracy and timeliness of weather forecasts.

Moreover, the Fire Ready Nation Act would also initiate a fire weather testbed to innovate new hazard technologies and require NOAA to perform post-fire weather surveys to refine future forecasts. This proactive approach is designed to equip firefighters and residents with the knowledge needed to effectively manage and potentially avoid the threats posed by rapid grassland wildfires. Read more about this here.

While this legislative action is a step towards greater safety and preparedness, it underscores the need for continuous accountability and oversight of utility companies. Enhanced forecasting can only complement, never replace, the need for these companies to maintain their infrastructure diligently to prevent such catastrophes.

Watts Law Firm LLP continues to challenge these failures in court, striving to hold these corporations accountable for their role in the devastation and to press for the essential infrastructural improvements needed to prevent future tragedies. By advocating for the residents, the firm emphasizes that while community efforts are invaluable, the responsibility should not be theirs alone. 

The negligence of utility companies in maintaining their infrastructure and the lack of emergency shut-off protocols are pivotal battles in our ongoing litigation. Our commitment remains strong in holding these companies accountable and pushing for significant safety improvements.

This update is for informational purposes only from publicly-available sources. This is not a substitute for legal advice. 

 

 

June 11 2024 Update

Watts Law Firm LLP Litigation Update for Texas Panhandle Wildfires

Watts Law Firm LLP continues to monitor the situation regarding the Texas Panhandle wildfires closely, including but not limited to the Smokehouse Creek fire and the Windy Deuce fire, and is actively representing many affected families and businesses. 

The latest report from Texas A&M AgriLife Extension Service, released in May 2024, provides significant insights into the scale of the devastation caused by these wildfires. With more than 1.2 million acres burned since February 26, this disaster has become the largest wildfire in Texas history, resulting in unprecedented agricultural losses estimated at $123 million.

The economic impact includes the loss of over 12,000 cattle, extensive damage to ranch infrastructure such as fences, barns, corrals, and crucial water sources like well pump motors and windmills. The report also highlights the loss of grazing values and the high costs associated with fence repairs, estimated between $3 to $4 per foot due to rising material costs. Additionally, emergency feeding costs and the loss of long-term grazing areas contribute significantly to the financial toll on the community.

The Texas A&M AgriLife Extension Service continues to offer necessary support to landowners and livestock producers. Their efforts include distributing hay, livestock feed, and other resources through established Animal Supply Points in Pampa, Borger, Canadian, and Miami, Texas. The resilience of the affected communities, bolstered by state-wide and national support, reflects a collective commitment to recovery and rebuilding.

Cross-State Impact and Recovery Efforts in Oklahoma Following Smokehouse Creek Fire

Although commonly referred to as the Texas Panhandle fires, the devastating Smokehouse Creek Fire also significantly impacted western Oklahoma, affecting countless lives and livelihoods across the region. Oklahoma State University Extension educators from Roger Mills, Ellis, and Beaver counties have been instrumental in aiding recovery efforts. They’ve collaborated closely with county emergency management agencies, community groups, and disaster response organizations to offer vital logistical support during and after the wildfires.

OSU Extension has organized supply donations and transportation, and provided essential information on livestock and forage needs. Three months post-disaster, they continue to support the agricultural community, focusing on fence repairs, rangeland recovery, and assisting ranchers in navigating the challenges of high cattle market prices. Their reflections on the disaster emphasize the resilience of rural communities and the critical role of preparedness and mutual aid in overcoming such catastrophic events. Read more about the ongoing efforts here.

As legal representatives of many affected by the Panhandle wildfires in Texas and Oklahoma, Watts Law Firm LLP is committed to securing justice and compensation for those impacted. We will continue to provide updates and support to our clients through this challenging recovery process. 

This update is for informational purposes only, based on publicly-available sources, and should not be considered a substitute for legal advice.

 

June 3, 2024 Update

Texas House Committee Report Confirms Allegations in Smokehouse Creek Fire Lawsuit 

In response to the Texas Panhandle wildfires, recent findings by a Texas House committee have confirmed what wildfire survivors, as plaintiffs in the litigation, have alleged to be true. The Investigative Committee of the Panhandle Wildfires released a Report to the Texas Legislature confirming that a decayed utility pole, long overdue for maintenance, directly sparked the Smokehouse Creek Fire, what is now known as the largest wildfire in state history. This devastating event, initially triggered by the neglected power infrastructure, underscores a systemic issue of inadequate utility maintenance.

As alleged in the lawsuit, a particularly troubling detail was confirmed to be true about the pole responsible for the Smokehouse Creek Fire. The committee confirmed the pole was decayed and had been designated for urgent replacement by Xcel’s contractor, Osmose Utility Service. However, the replacement was not completed in time. This failure occurred within a regulatory environment that provides minimal oversight over the inspection and maintenance schedules of utility poles, allowing utilities significant leeway to prioritize these activities based on their own budgets and priorities.

Osmose, a leader in pole inspection services, notably refused to participate in the hearings, which became a significant point of contention given their crucial role in maintaining the utility infrastructure involved in the fires. The legislative members on the committee highly criticized Osmose’s lack of participation in the hearing. 

The Texas House of Representatives Investigative Committee on the 2024 Panhandle wildfires revealed that the most destructive wildfires, including the Smokehouse Creek, Reamer Creek, Windy Deuce, and Grape Vine Creek fires, were primarily caused by issues related to power lines. These incidents were due to downed power poles and worn equipment, involving poles owned or managed by Xcel Energy, Osmose and others. 

Legislative Responses and Recommendations

The findings from the investigation into the Texas Panhandle fires underscore the urgent need for enhanced resiliency planning. The recent passage of H.B. 2555 by the legislature marks a critical step forward, incentivizing electric utilities to develop and implement resiliency plans. 

Further investigations have revealed that similar neglect contributed to four additional fires across the region this year, exacerbated by a lack of effective communication and insufficient coordination among emergency response agencies. These oversights in emergency preparedness and utility management have resulted in tragic losses and substantial community disruption.

In response, the committee has recommended stricter monitoring and accountability for utility providers, including regular and thorough inspections of their infrastructure. While these legislative changes recommended in this Report are necessary, they should be viewed as the minimum requirements. Moving forward, it is clear that additional, more aggressive measures can and should be taken. 

Drawing on his experience representing 16,000 wildfire survivors in California, attorney Mikal Watts strongly recommends that utility companies implement proactive safety measures, including Public Safety Power Shutoffs (PSPS) and burying power lines. These strategies exceed current legislative recommendations and are crucial as long-term investments to enhance protection for residents and significantly reduce the risk of future wildfires.

Commitment to Justice and Recovery for the Texas Panhandle

As plaintiff attorneys, Texas residents, and legal advocates deeply invested in our community’s safety and recovery, we view these findings as an important initial step to push for tangible changes. It is clear that more stringent regulations and proactive oversight of utility practices are crucial to safeguarding our communities against future tragedies. 

For those affected, our commitment remains steadfast: to seek justice and ensure comprehensive compensation for the losses endured. We will continue to provide updates on this legal battle, aiming to hold those responsible accountable and to foster a safer, more resilient Texas Panhandle.

Please note that this update is for informational purposes only and does not constitute legal advice.

 

March 15 Update

Mikal Watts Spreads the Word about the Texas Panhandle Fire

In February 2024, a catastrophic wildfire tore through the Texas Panhandle, burning 1.1 million acres, destroying countless homes, ranches, and livestock, and claiming at least three lives. Amidst this devastation, Mikal Watts of Watts Law Firm LLP joined forces with Scott W. Sherwood of Sherwood & Sherwood P.C. and Joe L. Lovell of Lovell Hoffman Law PLLC, to lead a legal charge against Xcel Energy and two other defendants.

Mikal Watts is not only focused on the courtroom battle but is also deeply engaged in community outreach. The team has been holding town hall meetings with wildfire survivors, providing crucial updates on the investigation’s progress and the ongoing lawsuit. These meetings are pivotal for keeping the affected communities informed and involved.

The litigation strategy takes on a two-pronged approach in addressing the aftermath of the Texas Panhandle fires: securing comprehensive compensation for the survivors through legal channels, and vigorously spreading the word to the media to elevate public awareness. This strategy highlights Mikal Watts’ commitment not only to justice but also to informing the broader public and utility companies about the critical need for safety over profits. By raising awareness through extensive media engagement, Watts aims to underscore the importance of preventing such disasters in the future, moving towards making his wildfire litigation practice obsolete.

Legal Battle Unfolds: The Case of McQuiddy vs. Xcel Energy

Plaintiff and wildfire survivor Melanie Lee McQuiddy stands at the forefront of the battle for accountability, initiating a pivotal lawsuit against Xcel Energy Services Inc., Southwestern Public Service Company, and Osmose Utilities Services Inc. In an act of bravery, McQuiddy confronts these utility giants, representing not just her own profound loss but also the shared devastation of her community.

This tragedy extends beyond her, as many faced similar fates: homes vanished, businesses ruined, and the lifeblood of the community, its ranches and livestock, decimated. McQuiddy’s litigation is a call to action, challenging the negligence that led to such widespread destruction and advocating for the countless lives upturned by the disaster.

The crux of the lawsuit accuses the defendants of failing to properly inspect, maintain, and replace a wooden utility pole that splintered and collapsed, sparking the fire. It further asserts that such negligence is part of a broader pattern of utility-caused wildfires across the United States, with the legal document referencing significant fires in states like California, Oregon, New Mexico, and Hawai’i, where utility equipment failure was identified as the cause. This contextual backdrop not only underscores the magnitude of the issue but also frames the lawsuit within a larger narrative of recurring utility negligence leading to widespread destruction.

Strategic Collaboration with Local Counsel 

Mikal Watts is distinguished by his pragmatic and diligent approach to environmental and wildfire litigation. His career is marked by significant legal victories and settlements that not only brought compensation to those affected by utility-caused disasters but also spurred changes in how utility companies manage and maintain their infrastructure. Notably, Watts played a pivotal role in negotiating a $13.5 billion settlement with PG&E for the 2017 and 2018 California Campfires. This landmark settlement not only provided substantial compensation to those impacted by the fires but as a direct result of the lawsuit, PG&E has embarked on extensive equipment and safety upgrades, including an ambitious project to bury power lines. 

Collaborating with Watts Law Firm LLP is Scott W. Sherwood of Sherwood & Sherwood P.C. and Joe L. Lovell of Lovell Hoffman Law PLLC, both of whom offer invaluable local knowledge and experience in wildfire cases. Sherwood, with a deep understanding of the legal landscape of the Texas Panhandle, and Lovell, known for his expertise in environmental law, complement Watts’s litigation strategy with their regional insights and knowledge.

 

Forging Resilience with Community Engagement

In the aftermath of the devastating Texas Panhandle wildfire, Mikal Watts and his legal team have taken proactive steps to engage directly with the affected communities through organized town hall meetings. These gatherings serve a critical role in keeping wildfire survivors informed about the nuances of the ongoing investigation and the intricacies of the legal proceedings against Xcel Energy and other defendants. By providing a forum for open dialogue, Watts and his team offer survivors not just information, but a voice.

Mikal Watts recognizes the cathartic power of community in the healing process for wildfire survivors, many of whom grapple with PTSD from the harrowing experiences of fleeing for their lives, the anguish of not knowing the whereabouts of loved ones, the loss of animals and pets, and the devastation of their homes. Beyond facilitating the dissemination of critical information, the town hall meetings he organizes serve as a crucial platform for survivors to come together, support one another, and share their experiences; a shared understanding only those who have endured similar trials can fully appreciate. 

These gatherings are not just about legal matters; they are sanctuaries for communal healing and solidarity. By fostering a space where individuals can express their feelings, fears, and hopes, the meetings underscore the significant role of empathy and community support in navigating the complex journey of recovery. In this way, Watts’s approach to legal advocacy transcends traditional boundaries, acknowledging the profound psychological and emotional landscapes that wildfire survivors must traverse.

A key aspect of this legal battle involves the application for Multidistrict Litigation (MDL) in Texas, which Watts and his team are pursuing. MDL presents a strategic approach to litigation, offering cost savings and efficiency by consolidating similar lawsuits. For the wildfire survivors, joining the lawsuit within an MDL framework means not just benefitting from reduced legal expenses but also standing together in solidarity against the defendants. This collective stance amplifies their voice and impact, reinforcing the message that community resilience, backed by strategic legal action, can challenge and potentially change the practices of powerful utility companies.

Amplifying the Call for Change: Media Coverage to the Public

The lawsuit led by Mikal Watts against Xcel Energy and others, stemming from the catastrophic Texas Panhandle wildfires, has garnered extensive attention from both national and local media outlets. Coverage spans a broad spectrum, from Reuters, Bloomberg, CNN, and USA Today to regional platforms like The Dallas Morning News, ABC7 Amarillo, and News 4 San Antonio. International outlets such as BBC News and The Guardian have also spotlighted the case, underscoring its global significance in discussions on environmental accountability and utility management. The widespread reporting by these organizations has played a pivotal role in elevating public consciousness regarding the lawsuit and the broader issues it represents.

Public reaction to the lawsuit and the visibility Mikal Watts has brought to the issue has been notably diverse. Community members directly affected by the wildfires, environmental advocates, and legal observers have all voiced their perspectives, ranging from expressions of support for the legal action to broader discussions on the need for systemic change in utility company practices. Notably, in a poignant NewsNation interview, Mikal Watts vividly captured the aftermath of the Smokehouse Creek Fire, saying, “It looks like something out of Dresden in 1944.” 

This stark comparison and other reports by The Associated Press have greatly contributed to a more nuanced understanding of both the legal challenges and the profound human stories at the heart of the disaster. Watts’s words powerfully evoke the scale of destruction and loss, framing the legal battle within a deeply human context that resonates with both the directly affected communities and the wider public.

Toward a Future Free from Utility-Caused Wildfires

Mikal Watts’s legal battles against utility companies transcend the immediate goal of securing compensation for wildfire victims. With each case, he is driving a fundamental shift in how utility companies approach equipment maintenance and safety policies. Watts’s vision is clear: he aims to put his wildfire litigation practice out of business by ensuring that utility-caused wildfires, which have exacted a heavy toll on lives and livelihoods, become a phenomenon of the past. This commitment is evidenced by the tangible changes observed in utility companies post-litigation, as they undertake significant upgrades to their equipment and overhaul their safety protocols.

The lawsuit against Xcel Energy, the town hall meetings, and the substantial media coverage collectively underscore the critical role of legal advocacy in addressing the aftermath of the Texas Panhandle wildfires and similar disasters. They highlight a broader narrative of environmental accountability, corporate responsibility, and the empowerment of communities to stand resilient in the face of natural disasters.

As the case progresses, the potential for legal actions to effect meaningful change becomes increasingly evident. The efforts of Mikal Watts and his team not only seek justice for the survivors of the Texas Panhandle wildfires but also lay the groundwork for a safer, more responsible approach to utility management. Their work, amplified by significant media attention and public engagement, is a testament to the power of legal advocacy in catalyzing systemic change and preventing future tragedies, moving us toward a future where communities can thrive without the looming threat of utility-caused wildfires.