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 is a Shareholder 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 (with expertise in trade secrets), real estate disputes, business disputes, and matters designated as complex (such as class actions and coordinated actions).
Mr. Carr 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. He is also sought out frequently to represent state and federal receivers in cases filed by the government or financial institutions.
Kevin Collins is an experienced trial lawyer. 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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This 90-minute webinar is eligible in most states for 1.5 CLE credits.
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Date + Time
- event
Thursday, January 29, 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
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