Berkshire Electric Utility Wins Court Appeal, Reducing Wildfire Damages

PacifiCorp's court victory could save the Berkshire Hathaway subsidiary over $1 billion in wildfire liability claims.

Apr. 11, 2026 at 11:43am

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A photorealistic studio still life featuring a stack of legal documents, a gavel, and a power line insulator against a clean, monochromatic background, conceptually representing the abstract corporate strategy and legal challenges utilities face in managing wildfire risks.A legal battle over utility liability for devastating wildfires exposes the complex challenges facing the energy industry.Omaha Today

An Oregon Court of Appeals ruled this week that a lower court made an error in instructing a jury to apply liability findings from a 2023 trial about four wildfires caused by PacifiCorp's power lines to a broader class of plaintiffs. The appellate court sent the case back to the trial court, potentially forcing plaintiffs to prove PacifiCorp's liability for their specific damages again in separate trials.

Why it matters

This ruling is a significant win for PacifiCorp, a Berkshire Hathaway subsidiary, as it could reduce the utility's potential wildfire liability by over $1 billion. The case highlights the complex legal battles utilities face over their role in devastating wildfires, especially as climate change increases the frequency and severity of such events.

The details

In the original 2023 trial, a jury found PacifiCorp liable for negligently failing to shut down power lines during a windstorm, contributing to four separate wildfires that caused significant property damage. The jury's liability determination was applied to a broader class of plaintiffs beyond the 17 individuals in that trial. Subsequent "mini-trials" had awarded over $1 billion in damages to groups of plaintiffs. The appellate court ruled the class certification was improper, potentially forcing plaintiffs to prove PacifiCorp's liability for their specific damages in separate trials.

  • In April 2026, an Oregon Court of Appeals ruled on PacifiCorp's appeal.
  • The original 2023 trial found PacifiCorp liable for four wildfires caused by its power lines.

The players

PacifiCorp

A electric utility subsidiary of Berkshire Hathaway Energy that was found liable for negligence in a 2023 trial over wildfires caused by its power lines.

Berkshire Hathaway Energy

The parent company of PacifiCorp and a subsidiary of Warren Buffett's Berkshire Hathaway conglomerate.

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What they’re saying

“In fact, the Court rejected PacifiCorp's efforts to win this appeal on the merits. Instead, what the court addressed was a single jury instruction, charting several paths forward — including fixing that instruction and trying the case again.”

— Lead counsel for the plaintiffs

“There are no winners in wildfire; however, the Court's decision supports PacifiCorp's longstanding belief that this process was prejudicial and not appropriate for managing wildfire litigation.”

— PacifiCorp

What’s next

The case will now return to the trial court, where plaintiffs may have to prove PacifiCorp's liability for their specific damages in separate trials.

The takeaway

This ruling highlights the complex legal battles utilities face over their role in devastating wildfires, especially as climate change increases the frequency and severity of such events. While a win for PacifiCorp, the case underscores the ongoing challenges utilities must navigate to manage wildfire liability and protect their bottom line.