Most of us interact with lithium-ion (Li-ion) batteries numerous times a day. You may have heard stories of phones or other devices powered by these batteries catching fire or burning when they are left to charge under a pillow or when using a charger that is too powerful for the device.
While those incidents can have life-changing consequences, large-scale fires, such as those at battery storage plants, can have devastating ripple effects across Northern California. If you have been adversely affected by these lithium-ion battery fires, Danko Meredith is here to help. Contact us to speak with our California environmental attorneys to discuss your options.
What Makes Lithium-Ion Batteries Different?
Lithium-ion batteries have become a popular choice for most mobile and rechargeable devices. Some of the most common applications include computers, smartphones, wireless headphones, electric vehicles, household appliances, handheld power tools, and electrical energy storage systems, according to the Environmental Protection Agency. While lithium-ion batteries may be integral to our lifestyle, they pose unique dangers to the community.
Lithium-Ion Battery Fires Present Unique Challenges to Suppress
As we have seen in the numerous fires at the Moss Landing Power Plant in recent years, standard water-based fire suppression strategies are often insufficient to cool and extinguish lithium-ion battery fires. The addition of water can exacerbate the fire in exothermic reactions with the lithium in the batteries, necessitating extinguishing methods specific to lithium fires. Additionally, these batteries can be vulnerable to reignition, making them unpredictable and requiring more attention to ensure complete suppression.
Thermal Runaway Creates a Dangerous Phenomenon
Lithium-ion batteries can be hazardous due to their potential to ignite fires. Their chemical composition contains volatile electrolytes, which can release flammable gases when they are exposed to high temperatures or physical damage, according to FEMA.
When a Li-ion battery overheats, it can result in a phenomenon that occurs when the heat generated exceeds the battery’s ability to dissipate it. Indicators of thermal runaway include:
- Visible gases venting
- Rising temperature
- Popping or hissing sound
- Bulging
- Odor
If you notice these signs, you should stop using the device and turn it off immediately. Unplug it from the power source and move it away from other flammable objects if you can do so safely. The Division of Homeland Security and Emergency Services further suggests leaving the area and calling 911.
What Causes Thermal Runaway?
Several factors can contribute to increased battery temperature and thermal runaway. Understanding these causes may help us understand how Vistra may have caused the recent fire at Moss Landing battery storage facility. Thermal runaway can happen in several surprising ways.
Short Circuits
Manufacturing defects may lead to internal short circuits, whether from the manufacturers that provide the individual components or problems with the way the battery itself was built.
Assuming the battery was appropriately manufactured, physical damage from negligent handling or storage can lead to punctures or crushing damage. This type of physical damage can cause short circuits when the anode and cathode come into direct contact, resulting in a significant temperature spike.
Overcharging and Overdischarging
Lithium-ion batteries have a specified level of energy storage that is safe and optimal. If you charge the battery beyond the recommended voltage, it may cause excessive heat generation, which can stress the battery components and lead to degradation or overheating. Similarly, overdischarging, or letting the battery fall below the recommended voltage, can cause internal damage and degradation, which may also contribute to thermal runaway.
History, Causes, and Lawsuits Involving The Moss Landing Power Plant Fires
In January of 2025, a lithium-ion battery fire broke out at the Moss Landing Vistra energy storage facility. This fire exposed many surrounding communities to toxic smoke, ash, and other hazardous chemicals. Local agencies issued mandatory evacuation orders, affecting thousands of people in Moss Landing, Monterey County, and neighboring areas.
We believe that Moss Landing Power Company should have been able to anticipate this kind of disaster and failed to adequately prepare. As a result, Danko Meredith Trial Attorneys have partnered with Fiore Achermann to pursue damages on behalf of affected Californians and to hold Moss Landing accountable for yet another fire resulting from poorly managed systems.
Vistra Energy Chose Unnecessary Volatile and Outdated Components
The exact cause of the initial overheating is not publicly available, but the fire originated from overheated batteries, which spread to the others in the Battery Energy Storage Facility (BESS). Further, our complaint filed with the courts highlights Vastra’s use of lithium nickel manganese cobalt oxide (“NMC”), which is known to be more volatile than the newer lithium iron phosphate (“LFP”) batteries that many companies have begun to utilize.
The NMC batteries stored at the BESS are more prone to thermal runaway due to the lower temperature at which they break down. Additionally, they release more energy as they degrade, furthering the risk of thermal runaway. These factors, combined with Vistra’s decision to store them in such a confined space, made a fire especially likely.
Moss Landing Inadequate Fire Suppression
In addition to the choice to store these more delicate versions of lithium-ion batteries, the fire suppression system at Moss Landing BESS was inadequate. Our lawsuit explains that Vistra Energy should have been aware of the risk of fires like this and that water-based fire suppression is not sufficient to extinguish the fire or prevent its spread.
Who Is at Risk of Fire-Related Medical Complications?
You may be at risk and, therefore, potentially eligible to recover compensation for damages from the Moss Landing fire if you experienced the below:
- You were forced to evacuate due to the fire and faced financial issues because of the evacuation
- You have a business in the area that was negatively impacted by closures and evacuations
- Your residential or commercial property was contaminated by the heavy metals, soot, or ash released in the fire
- You experienced health problems from exposure to contaminants and toxins that commonly present as respiratory issues or skin irritation
If you were in the Moss Landing, CA area at the time of the fire, you may benefit from exploring your legal options with Danko Meredith Trial Lawyers.
Symptoms of Lithium-Ion Battery Fume Inhalation
The composition of lithium-ion battery fumes is variable, which also suggests that the specific symptoms of inhalation can be different based on the incident and the individual. However, some of the common symptoms and health fears victims report include:
- Foul smell or taste
- Burning or itching feeling in your nose, mouth, throat, or lungs
- Coughing
- Nausea
- Dizziness
- Vomiting
- Blurred vision
- General weakness
Additionally, some may experience skin irritation. While this is not a direct effect of inhaling the fumes, those who encounter enough exposure to experience respiratory symptoms are likely to face significant levels of topical exposure. According to the Moss Landing Power Plant Fire FAQs hosted by Monterey County, skin and eye irritation may include chemical burns and heavy metal poisoning.
Long-Term Health Effects of Lithium-Ion Battery Fumes
The recent prevalence of lithium-ion batteries and, consequently, lithium-ion battery disasters means that there is a limited body of research investigating the long-term effects of exposure to fumes from lithium-ion fires. However, some recent studies evaluating inhalation risks and toxicological impacts show that this exposure may damage our DNA and have long-term impacts on our cells’ ability to repair this damage.
Unsurprisingly, some of the more commonly reported effects are respiratory. These may include exacerbated asthma symptoms, COPD, irritation that leads to inflammation in the respiratory tract, and other chronic lung diseases.
In some severe cases, you may face organ damage from toxic levels of chemicals. These include toxic and flammable compounds, such as hydrogen fluoride, carbon monoxide, nickel, manganese, and cobalt dusts. This organ damage can often include permanent damage to the lungs.
Protecting Yourself From Lithium-Ion Battery Fumes
In the chaos of an event like the Moss Landing Power Plant fire, you may be unsure of how to proceed. Is there anything you can do to assess and protect yourself at home? Or should you spend hours waiting in the already crowded emergency department?
In a report from the Monterey County website following the reignition of the Moss Landing fire, local government officials encourage residents to protect themselves by doing the following:
- Stay inside
- Set your central air systems to recirculate internal air
- Close any outdoor air intakes to prevent contaminated smoke from entering your home
- Consider wearing a well-fitting N-95 respirator
Additionally, you should stay up to date on local news to determine whether more extreme measures are warranted. If you have inhaled the fumes from a battery fire, the county encourages residents to seek medical guidance.
When to See a Doctor About Potential Exposure to Harmful Battery Fumes
Ultimately, if you are concerned about your health and well-being, it is always advisable to consult a physician for an evaluation to ensure your symptoms are addressed. However, for those who may be more resistant to seeking medical attention, there are some clear indicators that a physician visit is appropriate or even life-saving:
- Chemical burns on a large part of the body
- Burns in your nose, throat, or lungs
- Excessive coughing
- Continued burning of your eyes after flushing
- Changes in vision
- Nausea or vomiting
- Shortness of breath
A general rule that many people use to guide their medical treatment is that anything affecting breathing or the eyes is an emergency. Further, Medline Plus states that any inhalation of smoke or poisonous fumes should mean a visit to the emergency department.
You must use your own discretion to determine the significance and severity of your symptoms. Exposure to the chemicals released from a Li-ion battery fire can be incredibly dangerous and potentially fatal or debilitating if left untreated.
Could the Moss Landing Power Plant Fires Affect the Value of My Property?
Yes. If you own property in Moss Landing, CA, or the surrounding areas, you may see a decline in your property value due to real and perceived problems. Several factors related to the fire impact property value.
Physical Damage
If your property has been damaged or contaminated by soot, ash, or other toxins emitted by the fire, it will devalue the land, buildings, and dwellings. While you can often regain that value by repairing and decontaminating the property, it comes at a cost to you that you may need to make up in the sale price. However, these repair costs may be something you might recover in a lawsuit.
Environmental Concerns
Although the Monterey County FAQ page states that environmental testing so far has not shown much cause for concern regarding long-term soil, water, or air quality, this doesn’t alleviate concerns buyers may have about the safety of water to drink, or even the soil should they want to have a vegetable garden or allow their children to play in the yard.
Health Concerns
The effects of long-term exposure can vary. Potential buyers may worry about the possibility of ill health effects if the test results are deemed inaccurate or a new contaminant is identified.
Perception and Reputation
The overall perception of the Moss Landing area may be damaged due to the multiple fires from the plant in the last five years. Whether prospective buyers trust the environment is safe and healthy now, they may have concerns about the proximity to a power plant that has such an established track record of fires and inappropriate suppression systems, making it difficult to sell at value, or at all.
Are the Soil and Water Safe After the Moss Landing Power Plant Fires?
One of the primary concerns regarding the fallout of the Moss Landing Power Plant Fire, beyond the physical safety of residents, is environmental safety. In the aftermath of the Moss Landing fires, the primary concerns for soil and surface water are contamination from soot and debris. The Monterey County FAQs explain that this residual may contain particulate matter and trace amounts of heavy metals or other compounds.
The Department of Toxic Substances Control (DTSC) completed preliminary testing of soil samples in surrounding areas, which revealed elevated levels of heavy metals in the superficial layers containing ash and debris. The deeper soil samples, however, did not yield the same results. According to one Moss Landing update addressing these concerns, some samples closest to the facility show a slight increase in copper concentrations, but this may also be within the normal range for that soil type.
The Monterey County Environmental Health Bureau (EHB) will continue to test samples from the areas surrounding the plant to monitor changes and possible hazards.
Compensation for Those Affected by the Moss Landing Power Plant Fires
Situations like the Moss Landing Power Plant fires are almost entirely preventable. When companies fail to take the appropriate precautions to manage the hazards of their day-to-day production, the impact on citizens is far-reaching. If you have been negatively affected by the Moss Landing fires, you may be eligible to collect compensation for those damages. Some of what you may be eligible for include:
- Lost business or income if your business had to close
- Evacuation costs
- Home repair costs
- Medical bills for physical injuries
- Costs for therapeutic services for rehabilitation or therapy
If you think you may have a case to collect damages, contact our team at Danko Meredith. California has a statute of limitations that allows you to file a claim within two years of the injury, making it crucial to initiate the process as soon as possible.
How Fiore Achermann and Danko Meredith Can Help
Moss Landing and Monterey County residents need adequate and competent legal representation to stand up to Vistra Corp and hold them accountable for their impact on the community.
To make this happen, Danko Meredith and Fiore Achermann have joined forces. This is not a new partnership, but one that has a history of success. Jennifer Fiore, Mike Danko, and Kristine Keala Meredith previously collaborated to take on PG&E after the San Bruno Pipeline explosion, and both firms continue to find success separately:
Danko Meredith has an established reputation for prosecuting toxic torts such as the Porter Ranch gas leak. Additionally, our firm has recovered more than $1.5 billion in settlements for victims of California utility fires, including the Camp Fire and Dixie Fire.
Fiore Achermann has experience working on and winning other high-profile cases, including the Conception Boat Fire (which involved lithium-ion batteries) and the Ghost Ship warehouse fire.
Take a Stand Against Vistra Corp and Those Complicit in the Negligence That Caused the Moss Landing Fire
At Danko Meredith, we see the community-wide destruction of corporate negligence. While accidents happen and sometimes no one is responsible, we firmly believe that Vistra Corp could have taken steps to ensure the safety of the Moss Landing business and residents, but they failed to do so. If you were affected by this, you deserve an advocate to fight for the compensation you need to get back to your life.
Our team of environmental attorneys is skilled and practiced at handling cases like this. The big names involved in our lawsuit don’t intimidate us, so don’t let them intimidate you. Call us today to schedule a free case consultation. At Danko Meredith, we are used to being outnumbered, but we’re never out-lawyered.