Bitterroot Valley, Mont., residents who allege their homes were destroyed by a backburn that got away from firefighters cannot sue the U.S. Forest Service over their losses, a federal judge has ruled.
U.S. District Judge Donald Molloy said the agency and its employees are immune from such lawsuits because they were acting under a “discretionary function” exception of federal law when they set the burn.
“Whether the government employees’ actions were wise, foolish or negligent is irrelevant in considering whether the exception applies,” Molloy wrote in his ruling, which is dated Aug. 31.
The case stemmed from the massive wildfires that burned tens of thousands of acres in the Bitterroot Valley south of Missoula, Mont., in 2000.
In a lawsuit filed in 2003, more than 100 residents sued the Forest Service, alleging that the damage and destruction to their homes was a direct result of a backburn set by fire crews attempting to slow the advancing wildfire.
The homeowners and their insurance companies alleged the firefighters violated their own policies when they lit the Aug. 6 backburn, and should have known there was a strong chance it would endanger lives and property in the area.
They claimed the backburn was not authorized, was set without warning area residents and was “highly imprudent.”
At least 10 homes were destroyed by the fire. In all, the 2000 fires in the Bitterroot destroyed 64 homes and burned about 300,000 acres. The plaintiffs were seeking $54 million in damages.
Crews set the backburn as a major wildfire was burning in an area along Gilbert Creek. Residents in the area had been alerted to potential danger, but a dozen or so remained at their homes. By late afternoon, after the backburn was set, the entire valley was engulfed in flames.
Attorneys for the homeowners could not immediately be located for comment.
A spokeswoman for the Bitterroot National Forest did not immediately return a telephone call seeking comment.
Topics Lawsuits Legislation Wildfire Homeowners
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