Environmental activist Erin Brockovich and residents of Monterey County filed a lawsuit Thursday against Texas-based Vistra Energy and Pacific Gas & Electric over a January fire at one of the world’s largest lithium-ion battery storage facilities.
The Jan. 16 fire at the Moss Landing Power Plant forced the evacuation of more than 1,200 residents and raised concerns about air and soil contamination from toxic gases and heavy metals released during the blaze.
The lawsuit, filed by the firm Singleton Schreiber, alleges that Vistra Energy, PG&E, LG Energy Solution, and other defendants failed to implement adequate safety measures despite previous incidents at the facility that occurred in 2021, 2022, and 2023.
“This is yet another example of corporate negligence putting profits over people,” Brockovich said. “We will not stand by while families breathe in toxic air and worry about the long-term health effects of this disaster.”
Residents reported health issues — including breathing difficulties, headaches, nosebleeds, and skin irritation — after the fire. The lawsuit seeks compensation for evacuation expenses, emotional distress, property damage, and lost income.
Lead attorney Gerald Singleton called the fire “a wake-up call for the energy storage industry,” saying communities near such facilities need better safeguards and transparency.
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Moss Landing, which is crucial to California’s renewable energy infrastructure, has faced overheating and fire-related issues since its opening, according to a press release Thursday announcing the complaint. The lawsuit demands a full investigation into the fire’s cause and industry-wide adoption of updated safety standards.
PG&E said it is reviewing the suit. The utility said the fire was “not a PG&E incident” because the Moss Landing Power Plant, which is owned by Vistra Energy, is adjacent to — but walled off and separate from — PG&E’s Moss Landing electric substation. The utility said its systems and personnel “began emergency response procedures” upon learning of the fire, and no PG&E customers suffered power outages due to the event.
“The fire at the Vistra Moss Landing power plant on Jan. 16, 2025, was not a PG&E incident,” the utility said Thursday in an emailed statement. “PG&E is committed to providing safe, clean, and reliable energy for all, and this includes the safe operation of battery energy storage systems.”
Vistra Energy did not immediately respond to a request for comment.
Brockovich is a renowned environmental activist and legal researcher who became famous in the 1990s for her pivotal role in building a case against PG&E for contaminating drinking water in Hinkley, California with highly carcinogenic hexavalent chromium.
While working as a legal clerk, Brockovich uncovered that PG&E had been using the chemical as an anti-corrosive agent in their cooling towers, which leaked into Hinkley’s groundwater, causing severe health problems among residents including cancers, tumors, and other illnesses. Her investigation led to a historic $333 million settlement in 1996 — at the time the largest direct-action lawsuit settlement in U.S. history.
The story gained widespread public attention when it was made into a 2000 film titled “Erin Brockovich” starring Julia Roberts, who won an Academy Award for her portrayal of the activist.