Duke Energy Carolinas LLC, Forest Fire Ignition, North Carolina 2009

Duke Energy fire

A devastating forest fire that burned over 2,300 acres of Tribal forest lands in the Big Cove area of North Carolina has led to a $1.7 million fine for Duke Energy Carolinas, LLC. The fire started on April 27, 2009, and took a week to extinguish, involving firefighters from the Bureau of Indian Affairs, the United States Forest Service, the National Parks Service, the U.S. Fish and Wildlife Service, and the Cherokee Fire Department.

The fire caused significant damage to the Tribal forests, and as part of the settlement, Duke Energy has agreed to pay $1,210,128 to the Eastern Band of Cherokee Indians in compensation for the damage. The remaining $489,872 will be paid to federal agencies and the Cherokee Police Department for suppression, enforcement, and rehabilitation costs.

In addition to the monetary settlement, Duke Energy has agreed to convey 35 acres of land located in close proximity to Kituwah, one of the seven Cherokee ‘Mothertowns’ and known as the birthplace of the Cherokee people. Kituwah is a sacred site in Cherokee culture and heritage, and the transfer of the land recognizes its importance.

The U.S. Attorney’s Office praised the teamwork and dedication of the federal agencies and Tribal officials involved in the investigation and praised their coordination and outstanding work leading to the settlement with Duke Energy. The investigation was led by the Department of Interior, BIA, USFS, NPS, USFWS, the EBCI Office of Attorney General, and the Cherokee Fire Department.

Assistant United States Attorneys Gill P. Beck and Brook Andrews represented the United States, while Hannah Smith, Senior Associate General, represented the Eastern Band of Cherokee Indians. The settlement marks a significant step in the restoration of the Tribal resources and a commitment to accountability and cooperation between federal and Tribal partners.

Duke Energy’s actions have been widely condemned, and the fine is seen as a necessary step towards holding the company accountable for its actions. The settlement serves as a reminder of the importance of protecting our natural resources and the consequences of neglecting our responsibilities towards the environment.

Related Federal Cases