BarbriSFCourseDetails
  • videocam Live Webinar with Live Q&A
  • calendar_month March 13, 2026 @ 1:00 p.m. ET/10:00 a.m. PT
  • signal_cellular_alt Intermediate
  • card_travel Energy
  • schedule 90 minutes

Utility Wildfire Risk: Avoiding Liability, Risk Management, Regulation and Litigation Update

$297.00

This course is $0 with these passes:

CLE
ALL
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About the Course

Introduction

This CLE webinar will examine utility wildfire liability, litigation exposure, and risk management following recent wildfire events. The panel will discuss evolving liability patterns and the expanding role of state and federal regulators in overseeing wildfire mitigation planning throughout project development and operation.

Description

Wildfires in California, Oregon, Hawaii, and other western states have reshaped the operational, financial, and legal landscape for utilities. Catastrophic losses, multi-billion dollar settlements, and bankruptcy proceedings have led to new regulatory practices: more assertive prudence reviews, expanded federal, state, and local investigations, and increased investor scrutiny. Utilities face potential exposure under inverse condemnation regimes, fault-based negligence rules, federal resource damage claims, and complex multi-party litigation.

The panel covers evaluating wildfire risk, navigating state and federal regulatory schemes, managing investigations and claims, addressing impacts to PPAs and project development, and preparing clients for litigation and cost-recovery challenges.

Listen as our panel discusses evolving wildfire liability in the energy and utility project domain, including regulatory and contractual impacts and practical strategies for pursuing or defending wildfire-related claims.

Presented By

Brandon Carr
Partner
Buchalter

Mr. Carr is a Partner in Buchalter’s San Francisco office and a member of the Litigation practice group. He is an experienced trial attorney having successfully tried many cases to verdict before juries, judges, and arbitrators. Mr. Carr handles cases in virtually every area of complex high-stakes litigation, including, contract claims, intellectual property claims (expertise in trade secrets), real estate disputes, business disputes, and matters designated as complex (including, class actions and coordinated actions). He represents start-ups to Fortune 100 companies to government agencies across a wide range of industries, including, grocery, national clothing retailers, real estate, financial institutions, technology, and transportation companies. Mr. Carr is also sought out frequently to represent state and federal receivers in cases filed by the government or financial institutions.



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Kevin T. Collins
Partner
Buchalter

Mr. Collins represents clients in a wide variety of areas, including misappropriation of trade secrets, unfair competition, class actions, antitrust, real estate, land use, construction, and mass torts. His clients range from small and medium-sized businesses to Fortune 500 companies, as well as public entities. Mr. Collins has been handling complex civil litigation matters through trial for almost 30 years.

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Credit Information

  • This 90-minute webinar is eligible in most states for 1.5 CLE credits.


  • Live Online


    On Demand

Date + Time

  • event

    Friday, March 13, 2026

  • schedule

    1:00 p.m. ET/10:00 a.m. PT

I. Introduction

II. Liability theory and litigation exposure

A. Inverse condemnation vs. fault-based negligence

B. Causes of action

C. Defenses

D. Trends in civil litigation, class actions, mass torts

III. State and federal regulatory considerations

A. Oversight agencies: PUC, federal, state agencies

B. Enforcement and statutory trends

IV. Project and operational impacts

A. Planning, siting, and project development

B. Safety, maintenance, and operational obligations

V. Contract drafting implications, risk abatement

A. Wildfire-related obligations and representations in PPAs

B. Force majeure, indemnity, and liability limitation provisions

C. Construction and O&M contract clauses

D. Insurance and alternative tools

VI. Investigations, claims, and litigation management

A. Internal and external investigations

B. Coordinating with regulators and authorities

C. Documentation, evidence preservation, privilege issues

D. Strategies for pursuing claims or defending utilities

VII. Practitioner takeaways

The panel will review these and other key issues:

  • Recent wildfire litigation impact on utility projects
  • Liability theories (inverse condemnation, negligence, nuisance, trespass, federal claims) and defenses
  • Evolving state regulations and project development, safety, maintenance, and compliance
  • Drafting PPAs, construction contracts, O&M agreements, and allocating risk
  • Pursuing and defending wildfire claims, managing investigations