Danko Meredith and Fiore Achermann Seek an Injunction on Behalf of Brian and Angie Roeder and Dozens of Neighbors Affected by the Moss Landing Fire

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The lawsuit asks that Defendants be permanently barred from using NMC batteries at the facility, that defendants be required to remediate the environmental contamination, and that plaintiffs exposed to the contamination be compensated for the costs of lifetime medical monitoring.

Impact on Brian Roeder and His Community

Brian and Angie Roeder, along with their young son, had recently completed renovations on what they hoped would be their forever home in Prunedale. Since the fire, they have been living in short-term rentals without knowing when it will be safe to return.

The fire has caused Angie, a U.S. Air Force veteran, persistent respiratory distress. It has caused Brian, a local businessman, daily headaches and breathing difficulties. Brian co-founded Never Again Moss Landing; a grassroots organization committed to preventing similar disasters.

Brian initiated and funded a large-scale citizen-led surface sampling initiative. Analysis of these samples revealed elevated concentrations of heavy metals, including nickel, cobalt, manganese, and lithium, in regions downwind of the facility. The results, which align with findings from San Jose State University's Elkhorn Slough study, show widespread heavy metal contamination across Santa Cruz, Monterey, and San Benito counties.

The Complaint: Holding Responsible Parties Accountable
The lawsuit alleges that Vistra Corp. and its affiliates, along with battery manufacturer LG Energy Solution and utility provider PG&E, bear responsibility for the disaster. According to the complaint:

• The facility relied on lithium nickel manganese cobalt oxide (NMC) batteries, known to be highly susceptible to thermal runaway, rather than safer alternatives.
• The BESS was housed in a confined indoor space, significantly increasing the fire risk.
• The facility's fire suppression system was inadequate and failed to contain the thermal runaway event.
• The Defendants ignored prior warning signs, including two previous fire-related incidents at their site in 2021 and 2022.

Seeking Justice for the Community
Danko Meredith and Fiore Achermann are committed to securing justice for the victims of this environmental disaster. The lawsuit seeks compensation for medical expenses, lost income, property damage, and the ongoing costs of environmental remediation.

"Our clients have built their entire lives around the beauty and tranquility of their homes and environment, and they are now suffering without any fault of their own," said Sophia Achermann, Partner of Fiore Achermann. "The Defendants' reckless mismanagement of the BESS facility has put this community's health and safety in jeopardy. Vistra, PG&E, and others ignored the risks, prioritizing profit over safety. Now, these families are left to suffer the consequences. This lawsuit seeks justice and accountability to ensure this never happens again."

About Danko Meredith and Fiore Achermann
Danko Meredith and Fiore Achermann are nationally recognized Northern California law firms specializing in complex litigation, including environmental disasters, mass torts, and catastrophic injury cases. Danko Meredith has a strong history of holding large corporations accountable for negligence and harmful practices, successfully securing over $1.5 billion for Northern California fire survivors. The firms are committed to pushing for accountability and compensation in cases of utility-caused fires. Specializing in representing individuals and communities impacted by California fires and environmental disasters, Danko Meredith and Fiore Achermann's team of skilled litigators is dedicated to seeking justice for those harmed by corporate negligence and advocating for lasting change.

Upcoming Meetings
Fiore Achermann and Danko Meredith will be hosting a Community Town Hall Webinar on Thursday, March 20, 2025, at 7:00 PM. This event will provide an opportunity for the community to engage in meaningful discussions and ask questions.
To register for the webinar, please visit:
https://zoom.us/webinar/register/WN_e-jSZo9ORmOstUqIy1g-Fg

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SOURCE Danko Meredith