Southern California Wildfires: Water Agency Investigations, Emergency Plans, and Legal Aftermath

01.17.2025

The recent wildfires in Los Angeles have caused widespread destruction, displaced countless residents and devastated entire communities. As Southern California remains on high alert due to ongoing weather conditions, the State of California has moved to investigate the crisis and develop emergency plans aimed at mitigating the potentially disastrous aftermath.

One of the most scrutinized issues in the wake of these fires is the loss of water supply from local fire hydrants. On January 10th, the Governor issued a letter directing “state water and firefighting officials” to prepare a report examining the causes of lost water supply and water pressure during the five events. The Governor also directed the formulation of specific measures that local government agencies can take to ensure sufficient water supply in future similar events. The Governor also requested the Los Angeles Department of Water and Power and the County of Los Angeles review their own procedures to ensure adequate available supply and document any causes of loss of pressure or supply.

Separately, on January 13th, the Governor issued Executive Order N-5-25. This Executive Order (1) directed the Office of Emergency Services (OES) to develop a comprehensive plan for expeditiously removing debris from impacted properties; and (2) directed the OES and other key state agencies, including the State Water Resources Control Board, Department of Water Resources, Department of Forestry and Fire Protection, and Department of Fish and Wildlife, to formulate a plan to mitigate the risks of flash floods, mudslides, and debris flows in the burn scar areas created by the fires should a significant winter storm occur. On January 12, the Governor also issued Executive Order N-4-2025, which among other things suspended permitting and review requirements under the California Environmental Quality Act (CEQA) and the California Coastal Act to rebuild properties if new structures are in substantially the same location as, and do not exceed 110% of the footprint and height of, pre-fire structures.

California has faced similar wildfire challenges in the past. In 2008, the Freeway Complex Fire ravaged parts of Orange County, including Yorba Linda and Anaheim Hills. Like the current wildfires, the Freeway Complex Fire also involved issues with fire hydrants running dry, due to malfunctioning electric water pumps and overheating emergency pumps.

Some homeowners affected by the Freeway Complex Fire filed an inverse condemnation lawsuit against the Yorba Linda Water District for property damage. Although the water district played no role in the cause of the fire starting, the plaintiff homeowners were awarded more than $69 million in damages in part based on allegations of a failure to maintain certain pumping stations. (Itani v. Yorba Linda Water Dist., 2012 WL 4752313 (Cal. Super.)) Given the scale and devastation of the Los Angeles wildfires, similar lawsuits may arise from this disaster. The sheer number of homeowners impacted by the ongoing wildfires increases the likelihood of legal actions.

Special thanks to Benjamin Chen, our FCPPG law clerk, for his extensive work on this alert.