After a massive lithium-ion battery storage site exploded into flames in Monterey County — spewing toxic gases into the air and scattering heavy metals over the ground — residents have filed a lawsuit accusing multiple energy companies of failing to maintain adequate fire safety at the facility.
The blaze began Jan. 16 after a fire suppression system failed inside a battery storage area at the Moss Landing Power Plant, according to local officials. It smoldered for four days at the facility, which is 18 miles up the coast from the city of Monterey, prompting the temporary evacuation of more than 1,200 residents.
The suit was filed by four residents Thursday against Texas-based Vistra Energy, which owns the storage facility that burned; LG Energy Solution, which installed the lithium-ion batteries at the facility; and Pacific Gas & Electric, which owns an adjacent battery storage facility, according to the complaint.
It accuses the companies of “putting profits over people” by failing to properly maintain fire suppression systems and comply with the latest fire safety standards. The recent blaze was the fourth fire at the facility since 2019 and one that the lawsuit alleges demonstrates a failure to address longstanding safety concerns.
“Time and again, we see companies cut corners on safety, only for communities to suffer the consequences,” said environmental advocate Erin Brockovich, who is working with law firm Singleton Schreiber on the suit. “We will not stand by while families breathe in toxic air and worry about the long-term health effects of this disaster. They deserve transparency, justice and real protections.”
In the fire’s aftermath, heavy metals have been measured at levels 100 to 1,000 times higher than normal in soil within a mile of the facility, and residents have reported experiencing skin, eye and respiratory irritation. The U.S. Environmental Protection Agency ruled that the level of particulate matter and hydrogen fluoride gas released into the air during the fire did not pose a risk to public health.
LG declined to comment, and Vistra could not be immediately reached for comment. A spokesperson for PG&E said the utility was aware of the lawsuit but that the fire was not a PG&E incident.
“The Moss Landing power plant is located adjacent to — but walled off and separate from — PG&E’s Moss Landing electric substation,” said a spokesperson for the utility in a statement. “PG&E systems and personnel at our Moss Landing substation began emergency response procedures when the Vistra battery fire was detected.”
Lithium-ion battery fires are notoriously hard to extinguish because the use of water can trigger a chemical reaction that causes more batteries to ignite. As these batteries burn, they release a toxic cocktail of gases, including hydrogen fluoride, carbon monoxide and volatile organic compounds.
Despite the EPA’s reassurances about air quality during the incident, the lawsuit alleges that the fire caused residents to suffer nasal and eye irritation, difficulty breathing, headaches, nosebleeds, burning lungs, dizziness, shortness of breath, sores, skin irritation and more. It also alleges that residents properties were covered by soot, ash and toxic chemicals as a result of the fire.
Residents are seeking compensatory and punitive damages for expenses including property damage, health conditions, loss of income during evacuations and future environmental remediation costs. They are also calling for an investigation into the root causes of the fire and industrywide adoption of updated safety standards and fire prevention measures.
Lead attorney Gerald Singleton called the fire a wake-up call for the energy storage industry.
“Communities living near these facilities deserve better safeguards, transparency, and accountability,” he said in a statement. “Energy sustainability should never come at the expense of public safety.”
A spokesperson for Vistra previously said the company was completing its own investigation into the fire and environmental monitoring around the plant.
