Oregon tribes that saw wildfire decimate parts of their reservation in 2017 are suing the ranch just to the north, alleging that harvesters mishandled their John Deere equipment, which sparked the 68,000 acre Nena Springs Fire.
The Confederated Tribes of Warm Springs allege the ranchers’ “inattentive” operation of the combine harvester – along with a faulty machine design – caused sparks to jump from the equipment onto surrounding vegetation, ultimately resulting in a wildfire that took more than two weeks to extinguish.
The suit names three local defendants: Lester Lendell and Larry Wisenbaker, both Oregon residents, and Jamie Wisenbaker, who lives in Washington but owns the ranch in northern Oregon.
Jamie Wisenbaker had allowed the two men to operate a combine harvester, aware that one of the men had a “lack of experience and/or training,” the lawsuit alleges.
While operating the machine on August 8, 2017, a rock got lodged in the harvester’s chute and sparks started to fly. But both men continued to operate the machine, the suit states, “all the while continuing to throw sparks and hot debris” onto the fields, which soon morphed into brush fires.
The suit states the resulting wildfire scorched parts of the reservation’s forest, interfered with soil and water, and damaged fish and wildlife. The Confederated Tribes of Warm Springs are seeking more than $12 million in damages for lost timber.
Larry Wisenbaker and Lester Lendell declined to comment on the suit. Jamie Wisenbaker could not be reached.
The lawsuit doesn’t place the blame entirely on the three men. The John Deere Company is also named as a defendant, accused of playing a role in the Nena Springs Fire by designing a harvester that couldn’t handle common field debris.
A wildfire “was a foreseeable risk of this design defect,” the filing states. John Deere did not respond to request for comment.