PG&E-friendly wildfire plan is labeled unconstitutional by fire victims
The fire victims' opposition to the governor's plan is a fresh indicator that a full-scale battle looms in the waning weeks of the state legislative session over the nature and extent of future liabilities for
"The governor's wildfire proposal strips victims of their guaranteed right to compensation," the Up From the Ashes coalition of wildfire victims said in a statement Monday.
The coalition noted the state
The governor's plan, however, would no longer require compensation because the proposal's language allows courts to use discretion regarding "whether the utility acted reasonably," the wildfire victims said. They suggested "reasonable" could have a wide-ranging interpretation.
Fire victims warned that it's possible that even if property owners are compensated, the payments might fall far below the value of the defunct property.
However, a key passage in the governor's proposal could do away with full compensation and leave that up to the discretion of a judge or jury.
"Just compensation to the owner is not protected because the court can reduce the damages below the fair market value by determining proportionate fault," the legal analysis by the wildfire victims stated.
Alarmed by destructive wildfires this year and in past fire seasons, the governor has said his proposed legislative remedy is needed to protect a crucial electricity system whose financial stability could be undermined if today's legal framework for determining liability isn't altered.
But
"The governor's proposal is constructive, but it is insufficient," Williams told the analysts on
"None of the reforms being discussed would limit a victim's ability to pursue a negligence claim against their utility,"
Although Brown's legislative proposal wouldn't absolve
"The governor's plan is clearly a way for
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