#United States #Vistra Corp #Monterey County #Danko Meredith #Moss Landing Fire

Legal Action Initiated Against Vistra Corp Following Moss Landing Fire Impacting Community Health

On January 16, 2025, a catastrophic fire erupted at the Vistra Moss Landing Battery Energy Storage System (BESS) in Monterey County, leading to significant health concerns and property damage for local residents. Recently, law firms Danko Meredith and Fiore Achermann took the essential step of filing a lawsuit on behalf of Brian and Angie Roeder, along with dozens of others affected by the incident. This legal action aims to address the serious impacts of the fire, which the plaintiffs attribute to negligence on the part of the facility's operators.

Background of the Incident

The Moss Landing fire has led to ongoing distress for many individuals in the vicinity, including the Roeder family, who had only recently completed renovations on what they anticipated would be their forever home. Since the fire, they, along with many others, have been displaced and are residing in short-term rentals amidst growing uncertainty regarding their future. The fire has had grave implications for their health, particularly affecting Angie Roeder, a U.S. Air Force veteran, who now struggles with respiratory issues. Her husband, Brian Roeder, faces daily headaches and other breathing difficulties.

Brian's commitment to fight for accountability is underscored by his role in co-founding Never Again Moss Landing, a grassroots initiative aimed at preventing future disasters of this nature. They undertook a comprehensive citizen-led surface sampling initiative which revealed harmful levels of heavy metals—including nickel, cobalt, manganese, and lithium—found in areas downwind of the facility. These findings align with those of San Jose State University's Elkhorn Slough study, signifying widespread contamination across neighboring counties such as Santa Cruz, Monterey, and San Benito.

Lawsuit Details

The lawsuit outlines numerous allegations against Vistra Corp., battery manufacturer LG Energy Solution, and utility provider PGE. The key points presented in the complaint include:

• - The reliance on lithium nickel manganese cobalt oxide (NMC) batteries, known for their vulnerability to thermal runaway, rather than opting for safer alternatives.
• - The BESS's location within a confined space, which significantly exacerbated fire risks.
• - Inadequate fire suppression measures that failed to effectively manage the thermal runaway event.
• - Previous warning signs that were ignored by the defendants, as evidenced by two prior fire-related incidents at the site in 2021 and 2022.

The legal teams at Danko Meredith and Fiore Achermann are adamant in their pursuit of justice for the communities affected by this environmental tragedy. They are calling for the defendants to not only be held accountable for their negligence but also to institute remediation efforts towards the contaminated areas. Additionally, they seek compensation for medical costs, lost income, property damage, and ongoing medical monitoring for those exposed to dangerous chemicals.

A Community in Despair

For many residents, the fire represents more than just physical damage; it has obliterated their sense of security and community. Many have invested their lives in homes they believed would provide peace and safety, only to find themselves at the mercy of corporate negligence. Sophia Achermann, a partner at Fiore Achermann, stated, "Our clients have built their entire lives around the beauty and tranquility of their homes and environment, and they are now suffering without any fault of their own."

The determination of Danko Meredith and Fiore Achermann to seek justice reflects a broader commitment to public safety and community well-being. The lawsuit not only aims to hold corporations accountable but seeks to ensure that families affected by this disaster receive the support they need moving forward.

Upcoming Community Engagement

In a commitment to facilitate community dialogue and transparency, Danko Meredith and Fiore Achermann are set to host a Community Town Hall Webinar on March 20, 2025, at 7:00 PM. This event will serve as a platform for affected residents to voice their concerns, ask questions, and engage in meaningful discussions regarding next steps. Interested participants can register for the webinar by visiting the designated link provided by the law firms.

This unfolding situation underscores the critical nature of corporate responsibility within our communities and the urgent need for proactive measures to protect the health and safety of residents from environmental hazards. As this lawsuit progresses, the path toward accountability and justice remains paramount for those irrevocably affected by the Moss Landing fire.