Residents throughout Northern Nevada and California have filed an $85 million-dollar claim against the U.S. Forest Service following the Tamarack fire that destroyed homes and property last summer.

The claim was filed by Reno attorney William Jeanney on behalf of 27 individuals. Filing a claim is the first step before a lawsuit can be filed. The claim falls under the Federal Tort Claims Act and allows the U.S. Forest Service six months to either pay the claim or face a potential lawsuit. Among the claimants are 12 from Douglas County and 15 from Alpine County.

The Federal Tort Claims Act was enacted in 1946 and allows individuals an avenue for compensation if they've suffered a personal injury, property loss, death, or any other damages caused by a wrongful or negligent act by an employee of the government.

Jeanney has shared that he does not believe the U.S. Forest Service will pay the claim. “The day after the six months, we'll be prepared to file the lawsuit,” he shared.

The Tamarack fire was one of several forest fires that wreaked havoc throughout the West in recent years. The fire was the result of a lightning strike that hit a tree in the Mokelumne Wilderness in Alpine County, California. The fire burned 109 square miles between the Nevada-California border on July 4th, 2021.

The claim alleges an inadequate response by the U.S. Forest Service in its attempt to put out or contain the fire. After the fire sparked, the U.S. Forest Service shared that due to limited resources and personnel, it decided to wait on battling the fire. Governors of both California and Nevada backed up the claim that there was a lack of proper resources and staff to put toward the fire.

The U.S. Forest Service initially deemed the fire as having been largely contained to a small area so the need for a rapid response was not as urgent, as resources were better directed elsewhere. While the fire was contained at first, it quickly grew in the coming days. As a result, the fire burned over 68,637 acres.

As the fire grew in force, authorities evacuated both Douglas County, Nevada, and Alpine County, California, where much of the damage occurred. Over 2,000 people in 15 communities were evacuated from the area. Those who were evacuated had little time to escape, leaving behind much of their personal belongings and valuables. When they returned, residents found that their homes had burned down, their property was destroyed, and their personal effects were scattered throughout the rubble of ash left behind.

After the fire broke out, the U.S. Forest Service received scathing criticism from residents who questioned why the agency did not assist in containing the fire. Residents, including Nevada Assemblyman Jim Wheeler, sent a letter to attorney general Aaron Ford about plans to sue the agency over the response. Assemblyman Wheeler explained, "This all would be completely unnecessary if even one water-dropping plane had been dispatched on the first day, or even within the first few days."

The individuals listed in the claim are each seeking various amounts in compensation. The smallest claim is roughly $500,000 while the highest is teetering at $15 million. Among the claimants are retired individuals who have had to return to the workforce. Other claimants share that they have struggled to navigate their home insurance payout, which has made it difficult for them to rebuild. Jeanney details that one of the individuals listed in the claim is currently living on her property in a tent.