#United States #Monterey County #Moss Landing #Danko Meredith #Fiore Achermann

Justice for the Moss Landing Community

On March 17, 2025, law firms Danko Meredith and Fiore Achermann announced a significant legal action on behalf of Brian and Angie Roeder, along with numerous residents of Monterey County impacted by a devastating fire at the Moss Landing Battery Energy Storage System (BESS) on January 16, 2025. This catastrophe has left the community grappling with health concerns and property damages due to harmful toxins released during the incident.

Background of the Incident

The fire at the Vistra Moss Landing facility, a site utilizing lithium-ion battery technology, has raised critical public safety concerns. The incident allegedly occurred due to thermal runaway related to the facility's battery system. The lawsuit claims that Vistra Corp., PG&E, and other involved parties failed to maintain adequate safety protocols, eventually leading to the fire engulfing the facility. This insidious negligence has created a perilous situation for the surrounding community, exposing them to toxic substances and significantly disrupting their lives.

Brian and Angie Roeder, who recently remodeled a house they hoped to raise their family in, have been displaced since the disaster. Angie, a U.S. Air Force veteran, is now experiencing chronic respiratory issues, while her husband Brian suffers from daily headaches that impede his quality of life. The couple, along with their young child, are among the many residents now faced with uncertain living conditions, having to reside in temporary accommodations while they await the opportunity to return home.

Community and Environmental Impact

In response to these challenges, Brian co-founded Never Again Moss Landing, a grassroots organization aimed at averting similar disasters in the future. They initiated a comprehensive citizen-led surface sampling project, which revealed alarming concentrations of heavy metals such as nickel, cobalt, manganese, and lithium in areas downwind from the facility. These findings align with research conducted by San José State University's Elkhorn Slough study, highlighting widespread heavy metal contamination across Santa Cruz, Monterey, and San Benito counties.

The Nature of the Lawsuit

The legal complaint seeks several actions: a permanent injunction against the defendants prohibiting the use of certain batteries at their facilities, mandated cleanup of the environmental contamination, and compensation for the medical monitoring costs incurred by residents affected by the pollution. The complaint specifically names Vistra Corp., its subsidiaries, battery manufacturer LG Energy Solution, and PG&E as responsible parties for failing to safeguard community health through their operations.

Key allegations include:

• - The reliance on lithium-nickel-manganese-cobalt (NMC) batteries, which are known for higher risks of thermal runaway and subsequent fires compared to safer alternatives.
• - Inadequate fire safety systems within the facility that were unable to contain the thermal runaway event.
• - A history of prior incidents that indicated the facility's susceptibility to fires, all of which were reportedly ignored by management.

Advocating for Accountability

The committed legal teams at Danko Meredith and Fiore Achermann stand by the residents, pledging to advocate for justice and fair compensation for the victims of this environmental disaster. They are seeking restitution for medical expenses, lost wages, property damages, and ongoing environmental remediation costs. Sophia Achermann, a partner at Fiore Achermann, articulated the sentiments of many affected families:

"Our clients have built their lives around the beauty and tranquility of their homes, and now they suffer without fault. The reckless mismanagement of the BESS facility has endangered the health and safety of this community. Vistra, PG&E, and others prioritized profits over safety, leading to devastating consequences. This lawsuit seeks accountability to prevent future occurrences."

Community Engagement

Danko Meredith and Fiore Achermann are dedicated to their mission, organizing a community town hall webinar on March 20, 2025, at 7 PM, to encourage participation and address questions from local residents about their legal action and available resources. This initiative aims to empower the community while providing a platform for open dialogue about the ongoing challenges they face following the incident.

Stay engaged with this important case as the Moss Landing community fights for their rights and safety.