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Brother of California man killed by fleeing driver in Fayetteville seeks change in high-speed pursuit policies | Northwest Arkansas Democrat-Gazette

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Brother of California man killed by fleeing driver in Fayetteville seeks change in high-speed pursuit policies | Northwest Arkansas Democrat-Gazette


FAYETTEVILLE — The brother of a man killed when his car was hit by a fleeing driver in January wants to spare other families from a tragic, preventable loss. So, he’s started a petition drive to bring awareness to the issue.

David Michael Pemberton, 56, who had recently moved to Northwest Arkansas from California, was killed Jan. 13 when Noah Cargill, 20, of Fayetteville fled from an Arkansas State Police trooper who was attempting to stop him in connection with driving recklessly on Wedington Drive in Fayetteville, according to police.

Pemberton had moved for a fresh start and was helping his mother, who has had recent health issues, according to Jim Pemberton, his brother.

“He was simply going about his business when he lost his life due to this unsafe traffic pursuit,” Pemberton said. “No family should lose a loved one over a traffic violation, or as a result of any over-aggressive, unsafe traffic pursuits of any kind.”

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Cargill fled, running a red light and traveling through a neighborhood at a high speed, according to police.

During the pursuit, Cargill swerved around cars on Rupple Road, nearly wrecking multiple times before losing control of his 2018 Dodge Charger and crashing into an oncoming 2010 Toyota Prius, killing Pemberton, according to police.

Cargill was arrested by Arkansas State Police in connection with first-degree murder, being a felon in possession of a firearm, fleeing, reckless driving, driving on a suspended or revoked driver’s license, speeding, operating a vehicle without insurance, careless driving, failure to stop or yield and running a red light.

The murder charge stems from Cargill actively committing two felonies — fleeing from a state trooper and being a felon in possession of a firearm — and acting in furtherance of those felonies when he caused a person’s death under circumstances manifesting extreme indifference to the value of human life, according to a preliminary police report filed with prosecutors.

Pemberton said his brother would still be alive if the police had stopped their pursuit.

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“I went and visited the scene, and I was just shocked that a high-speed pursuit happened in a neighborhood where there are apartment complexes, a school, roundabouts,” Pemberton said Friday. “It’s evident and clear that that was not a safe area for a high-speed pursuit, and from the initial reports the speeds were up to 100 mph, maybe even more, in a residential area.”

Col. Mike Hagar, who heads up the Arkansas State Police, said Pemberton’s death is a worst-case scenario.

“Troopers are trained to put the safety of the general public first. Troopers are instructed to do one of two things if they have someone fleeing from them,” Hagar said in an email Friday. “They are to either engage that suspect and stop him as fast as they possibly can, or, if they cannot successfully do that, they are to disengage.”

Jim Pemberton said other, less dangerous options should be available. He said there should be speed limits for a pursuit in a residential area. There should be limits on the length of a pursuit, such as how many blocks before it is called off, he added. But there’s nothing like that, leaving it basically at the discretion of the officers.

The public’s safety should be of the utmost importance, not catching the perpetrator or traffic violator, Pemberton said.

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“In this case, this is a traffic violation, so you’re going to pursue someone at 100 mph for a traffic violation in a residential area when you could call in an intercept, you can run plates. There are so many things they could do to not put all the public at risk and still catch the suspect,” he said. “Well, they caught him, but he killed my brother, so clearly there was an imminent danger, and clearly that was not a good pursuit.”

Pemberton and his family have started a petition aimed at bringing about change in law enforcement policy and improved training in regard to police pursuits and the safety of civilians.

The petition is in no way an attack on law enforcement, just a call for change to better protect others during traffic pursuits. It’s a national issue that is worsening, he said.

His research shows between 2014 and 2018, there were over 2,000 deaths related to pursuits and 2020 saw 455 deaths — an average of well over one death per day.

Judgment calls

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Hagar said that from 2016 to the first of this year, troopers engaged in 3,725 pursuits and tactical vehicle interventions were used just short of 1,000 times.

“In all of those pursuits, we did not have an innocent civilian fatality. Not one in all those pursuits,” Hagar said. “But, one is too many, so we have been proactive in trying to get the message out to stop engaging in this type of behavior. We’ve done PSA’s, we’ve done news releases, we’ve done social media posts. Because our primary concern is the general public. Our primary concern is that this is going to happen. This is the worst-case scenario. An innocent civilian lost their life.”

In Arkansas, four drivers fleeing from state police died in 2023 as a result of a crash, making it the deadliest year for state police pursuits since at least 2016. Three of those deaths came after a trooper used a tactical vehicle intervention to end the chase.

In 2022, three people were killed in pursuits by troopers, state police data show, up from none in 2021. The state reported two fatalities from pursuits in 2020, one in 2019, none in 2018 and two in 2017.

By the end of October 2023, state police had recorded 513 pursuits, about 33% of which occurred in the Troop A patrol area that includes Pulaski, Saline, Lonoke and Faulkner counties.

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That was higher than the 464 pursuits reported by the end of October 2022, the 493 reported by that date in 2021, and the 480 reported by the end of October 2020, data shows.

Fayetteville police say their pursuit policy is much more restrictive than that of the State Police and that officers are seldom involved in high-speed pursuits largely because they operate in a different, more urban environment. Fayetteville officers were not involved in the pursuit of Cargill that led to Pemberton’s death, according to Sgt. Stephen Mauk.

“We’re policing a densely populated area, whereas they’re for the most part doing policing activities on open highways,” Mauk said. “We do not pursue unless we are chasing a violent felon.”

Even then, officers weigh whether the greater threat to the public is coming from the individual remaining at large or from their pursuit of that person, Mauk said.

“So the person pursuing, even if it’s a violent felony, if the circumstances become dangerous considering the pursuit itself like crashes and densely populated areas, the vehicle conditions, road conditions, all these other factors, it can be terminated,” Mauk said. “It can also be terminated by a supervisor at any point.”

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Mauk said officers are not authorized to pursue unless they know on the front end that the person is being sought for a violent felony. Fayetteville officers have pursued bank robbers, shooting suspects and homicide suspects in the past, he said.

“If it becomes too perilous, then you shut it down,” Mauk said. “Your mission is to protect the citizens, protect the officer and protect the person fleeing as well.”

Mauk said another caveat is that if police know who the person is, they can get them later under safer, more controlled conditions rather than risking a pursuit.

“You set the conditions up to a more favorable outcome for everybody involved,” Mauk said. “We’ll just go get them later.”

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California air regulators to vote on contentious climate program to cut emissions

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California air regulators to vote on contentious climate program to cut emissions


SACRAMENTO, Calif. (AP) — California air regulators will vote Friday on changes to a key climate program aimed at reducing planet-warming emissions from transportation fuels that has a wide swath of critics — from environmentalists to the oil industry.

The California Air Resources Board is set to decide on changes to the low carbon fuel standard, or LCFS, which requires the state to reduce the climate impact of transportation fuels by incentivizing producers to lower their emissions.

The proposal would increase the state’s emission reduction targets and fund charging infrastructure for zero-emission vehicles. It would also phase out incentives for capturing methane emissions from dairy farms to turn into fuel.

But environmental groups have criticized the program for stimulating the production of biofuels, which are derived from sources including plants and animal waste, when they say the state should focus more on supporting power for electric vehicles. They argue the proposal fails to adequately address those concerns.

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The oil industry, state lawmakers and others have said the agency hasn’t been transparent about how the proposed updates could increase gas prices.

Agency staff released a cost-benefit analysis last year estimating that the initial proposal could have led to an increase in gas prices by 47 cents per gallon by 2025. But staff has not repeated the analysis since later updating the proposal, and the agency contends it cannot accurately predict gas prices.

“If you’re going to ask drivers to pay a lot, which is what this program proposal is going to do, I think you need to be able to make the case that it’s worth paying for,” said Danny Cullenward, a climate economist with the University of Pennsylvania’s Kleinman Center for Energy Policy.

Gas prices could increase by as high as 85 cents a gallon by 2030, and $1.50 per gallon by 2035 under the proposal, according to an estimate from Cullenward. Cullenward said his figures and the estimates initially released by board staff are not an apples-to-apples comparison, in part because his projection uses 2023 dollars and theirs used 2021 dollars.

Jodie Muller, chief operating officer for the Western States Petroleum Association, said the group supports the program overall but wants the agency to be more transparent about how it leads to an increase in gas prices.

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The California Air Resources Board says the program will ultimately lower the cost of sustainable transportation fuels.

The agency first approved the low carbon fuel standard in 2009, and it was the first of its kind in the nation. It is part of California’s overall plan to achieve so-called carbon neutrality by 2045, meaning the state will remove as many carbon emissions from the atmosphere as it emits. The state has passed policies in recent years to phase out the sale of new fossil-fuel powered cars, trucks, trains and lawn mowers.

“The low carbon fuel standard has already successfully created lower-cost, lower-carbon alternatives, and the benefits of the proposal vastly outweigh those costs,” Steven Cliff, the agency’s executive officer, said at a news briefing last month.

The vote comes a day after Democratic Gov. Gavin Newsom called the state Legislature into a special session to protect some of California’s environmental and other liberal policies ahead of former President Donald Trump’s second term in office.

The Trump administration in 2019 revoked California’s ability to enforce its own tailpipe emissions standards. President Joe Biden later restored the state’s authority, which was upheld in federal court.

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Future challenges from the Trump administration could lead to long court battles, said David Pettit, a senior attorney with the Center for Biological Diversity’s Climate Law Institute.

“In the meantime, I think we still need something … to enhance the development of electric vehicles and the electric vehicle infrastructure,” Pettit said. “The LCFS is a way that we might be able to do that.”

___

Austin is a corps member for the Associated Press/Report for America Statehouse News Initiative. Report for America is a nonprofit national service program that places journalists in local newsrooms to report on undercovered issues. Follow Austin on Twitter: @ sophieadanna





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Food, fluoride and funding: How a new Trump term might affect health in California

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Food, fluoride and funding: How a new Trump term might affect health in California


Donald Trump’s return to the White House stands to significantly shape the health of Californians — the foods they eat, the medicines they take, the costs they face and more.

Trump has said he’ll grant a prominent health role to supporter Robert F. Kennedy Jr., who has made discredited claims about vaccines and bucked the advice of pediatricians and dentists by advocating an end to water fluoridation. Policy analysts expect cuts to Medicaid.

And though Trump has publicly distanced himself from the conservative Project 2025 playbook, many of its proposals overlap with Trump’s agenda and the Republican Party platform. As such, analysts say its detailed proposals on opioid addiction, contraception, mental health treatment and more bear watching.

“I think everything is on the table,” said Gerald Kominski, a senior fellow at the UCLA Center for Health Policy Research.

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Already, California Atty. Gen. Rob Bonta has vowed to take the incoming president to court if his administration tries to stymie the state’s progressive agenda.

“Every action they take will likely provoke a lawsuit,” said Larry Levitt, executive vice president for health policy at the Kaiser Family Foundation. “California was a leader in the legal opposition to the first Trump administration, and I would expect that to be the case again this time.”

But some of those moves may not have legal remedies, Levitt cautioned. For example, if Kennedy makes changes to the Food and Drug Administration that weakens its ability to ensure foods and medicines are safe, “there’s not a whole lot California will be able to do to stop that.”

Elections matter. Here are six ways this could affect the Golden State.

Reproductive rights

While Trump has publicly claimed credit for being able to “kill” Roe vs. Wade through his Supreme Court appointments, he’s been harder to pin down on his plans for abortion in a second term. He has said on social media that he wants to leave the matter up to the states, and favors exceptions for rape, incest or life-threatening pregnancies.

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With a state constitution that names abortion as a fundamental right, California has some of the strongest reproductive healthcare protections in the U.S.

Yet the administration could attempt to restrict abortion in the state by limiting access to mifepristone, one of the most common drugs used in medication-induced abortions. Conservative groups have been trying to get courts to withdraw the FDA’s approval for the drug.

More than 60% of abortions in the U.S. are induced with medication, according to the Guttmacher Institute, a research group that supports abortion rights.

Project 2025 suggests limiting access to mifepristone by reviving a 19th century law called the Comstock Act that prohibits sending abortion-causing agents by mail. Though both Trump and Vice President-elect JD Vance said during the campaign that they would not enforce it, Vance was among 40 Republican lawmakers who signed a letter last year asking the Department of Justice to do just that. That could matter if Vance has another change of heart and tries to sway his boss.

“Obviously, it would be challenged in court, but we could see a huge disruption to the provision of medication abortion if they decided to try to enforce that,” said Amy Friedrich-Karnik, director of federal policy at the Guttmacher Institute.

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Vaccines

Public health experts have been alarmed by Trump’s embrace of Kennedy, who dismisses overwhelming evidence that vaccines are safe. A recent study estimated that a federal program to help pay for childhood immunizations against diseases such as measles, polio and rotavirus has prevented more than 1 million deaths and 32 million hospitalizations since its inception in 1994.

This week, Kennedy said he wouldn’t take vaccines away from anyone who wanted them. “People can make individual assessments about whether that product is going to be good for them,” he told NBC News.

Trump himself said he would cut federal funding to schools with vaccine mandates. His campaign said he was talking about COVID-19 vaccines in particular, but as a candidate, he repeatedly made the pledge without clarifying that. California requires elementary and secondary school students to be immunized against a range of diseases unless they have a medical exemption; the COVID-19 shot is recommended but not mandatory.

In other areas of public health, Trump has said he “probably would” disband the White House Office of Pandemic Preparedness and Response Policy, even as the country is facing a mounting threat from bird flu.

And Kennedy triggered concerns by calling fluoride “an industrial waste” and saying he would push to have the mineral removed from drinking water. The CDC says fluoridation to prevent tooth decay is one of the 20th century’s greatest public health achievements, and more than half of Californians live in communities with fortified water.

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Gender-affirming care

California law requires health plans and insurers licensed by the state to provide transgender enrollees with medically necessary gender-affirming care. It also aims to protect doctors from laws that criminalize such care in other states.

But access to gender-affirming care could still be undermined by federal action. Trump said he would press Congress to block the use of federal funds for gender-affirming care, a position also reflected in the Republican Party platform.

A prohibition could be modeled on the decades-old Hyde Amendment, which prevents federal funds from being used to pay for abortions, or tied to appropriations bills, said Julianna S. Gonen, director of federal policy for the National Center for Lesbian Rights.

If implemented, people who rely on public programs such as Medicaid or Medicare could end up with “really limited access to gender-affirming care,” said Lindsey Dawson, director for LGBTQ Health Policy for KFF.

California officials might decide to have the state pick up the tab. Gonen said it would be “very hard” for the Trump administration to block states from doing so, although the last Trump administration threatened to withhold some Medicaid funding from California over its abortion policies.

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Trump has taken particular aim at gender-affirming care for transgender youth, and he has a stated goal of prohibiting it “in all 50 states.” He said hospitals that provide such treatment would be cut off from Medicaid and Medicare funding. Gonen said losing that money would be “an existential threat” for health facilities.

Medicaid

In his first term, Trump proposed changes that would reduce federal spending on Medicaid. Trump has promised to spare Medicare and Social Security, but that could make Medicaid a target if spending cuts are needed, some public health experts believe.

“Medicaid would definitely be on the chopping block,” said Edwin Park, a research professor at Georgetown University’s McCourt School of Public Policy.

Cuts in Washington could force California to either pony up more money or shrink existing programs. California has relied on its own dollars to expand its Medicaid program, known as Medi-Cal, to cover people regardless of their immigration status, said John Baackes, chief executive of L.A. Care, the largest publicly operated health plan in the country. But amid budget deficits, “there’s a limitation of what California can do.”

Park added that Trump’s Republican allies have also floated plans that would restrict or prohibit state taxes on healthcare providers, further squeezing funding for Medicaid programs.

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Nutrition and food safety

After Kennedy dropped out of the race and endorsed Trump, the former president seemed eager to delegate responsibility for food policy to his new ally, telling supporters last month that “I’m gonna let him go wild on the food.”

Kennedy told NBC that he would work to remove chemical additives from foods that are banned in Europe but still allowed in the U.S. Some of those substances, including red dye No. 3, will become illegal in California in 2027 under a law signed by Gov. Gavin Newsom last year.

Kennedy said he would eliminate the FDA departments tasked with assessing the safety of food ingredients because they are not “doing their job.” It’s not clear if Trump would go along with that.

Project 2025 calls for a repeal of the nation’s dietary guidelines on the grounds that they’ve gone astray by considering the environmental impact of food production. Project 2025 also embraces genetic engineering and other crop biotechnology. It’s not clear if Trump supports those proposals, though in his first term he eased restrictions on genetically engineered foods.

The Affordable Care Act

Trump tried unsuccessfully to roll back the Affordable Care Act during his first term. This time around, Trump has said he would only replace the landmark law if a better plan were devised.

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Vance raised the idea of dividing up “risk pools,” which are used to share medical costs and calculate insurance premiums. Critics cautioned that doing so could drive up rates for elderly people with chronic conditions.

Mark A. Peterson, a professor at the UCLA Luskin School of Public Affairs, said that despite continued jabs at the law, “it’s very unlikely that Republicans will want to take on the Affordable Care Act. It did not go well for them last time … and now the Affordable Care Act is more popular than ever.”

A more immediate target may be a set of enhanced subsidies for people buying health insurance through Affordable Care Act marketplaces, which are due to expire at the end of 2025. One analysis found that if that happens, more than 1.5 million Californians would see their annual costs rise by an average of $967.

The Trump campaign has criticized the subsidies, arguing they helped insurance companies more than patients.

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Strong winds fuel rapid spread of wildfires in Southern California

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Strong winds fuel rapid spread of wildfires in Southern California


A firefighter prepares to douse flames while battling the Mountain Fire on Wednesday, Nov. 6, 2024, in Santa Paula, Calif.

Noah Berger/AP


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CAMARILLO, Calif. — A Southern California wildfire has destroyed 132 structures, mostly homes, in less than two days, fire officials said Thursday as raging winds were forecast to ease.

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The fire started Wednesday morning in Ventura County and has grown to about 32 square miles at 5% containment. Its cause has not been determined.

Ten people have been injured in the course of the fire, Ventura County Sheriff James Fryhoff said. Most of them suffered from smoke inhalation or other non-life-threatening injuries.

Fire officials said 88 other structures were damaged but did not specify whether they had been burned or affected by water or smoke damage.

Some 10,000 people remained under evacuation orders Thursday as the Mountain Fire continued to threaten some 3,500 structures in suburban neighborhoods, ranches and agricultural areas around Camarillo in Ventura County.

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County fire officials said crews working in steep terrain with support from water-dropping helicopters were focusing on protecting homes on hillsides along the fire’s northeast edge near the city of Santa Paula, home to more than 30,000 people.

Kelly Barton watched as firefighters sifted through the charred rubble of her parents’ ranch home of 20 years in the hills of Camarillo with a view of the Pacific Ocean. The crews uncovered two safes and her parents’ collection of vintage door knockers undamaged among the devastation.

“This was their forever retirement home,” Barton said Thursday. “Now in their 70s, they have to start over.”

Her father returned to the house an hour after evacuating Wednesday to find it already destroyed. He was able to move four of their vintage cars to safety but two — including a Chevy Nova he’d had since he was 18 — burned to “toast,” Barton said.


Kelly Barton, left, is hugged by a family friend after arriving at her parents' fire-ravaged property in the aftermath of the Mountain Fire, Thursday, Nov. 7, 2024, in Camarillo, Calif.

Kelly Barton, left, is hugged by a family friend after arriving at her parents’ fire-ravaged property in the aftermath of the Mountain Fire, Thursday, Nov. 7, 2024, in Camarillo, Calif.

Ethan Swope/AP

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Officials in several Southern California counties urged residents to be on watch for fast-spreading blazes, power outages and downed trees during the latest round of notorious Santa Ana winds.

Santa Anas are dry, warm and gusty northeast winds that blow from the interior of Southern California toward the coast and offshore, moving in the opposite direction of the normal onshore flow that carries moist air from the Pacific. They typically occur during the fall months and continue through winter and into early spring.

Ariel Cohen, the National Weather Service’s meteorologist in charge in Oxnard, said Santa Ana winds were subsiding in the lower elevations but remained gusty across the higher elevations Thursday evening.

The red flag warnings, indicating conditions for high fire danger, expired in the area except for in the Santa Susana Mountains, Cohen said. The warnings will expire by 11 a.m. Friday in the mountains.

The Santa Ana winds are expected to return early-to-midweek next week, Cohen added.

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The Mountain Fire was burning in a region that has seen some of California’s most destructive fires over the years. The fire swiftly grew from less than half a square mile to more than 16 square miles in little more than five hours on Wednesday. By Thursday evening it was mapped at about 32 square miles and Gov. Gavin Newsom had proclaimed a state of emergency in the county.

Marcus Eriksen, who has a farm in Santa Paula, said firefighters kept embers from spreading to his home, his vehicles and other structures even as piles of compost and wood chips were engulfed.

The flames were up to 30 feet tall and moving quickly, Eriksen said Thursday. Their speed and ferocity overwhelmed him, but the firefighters kept battling to save as much as they could on his property. Thanks to their work, “we dodged a bullet, big time,” he said.

Sharon Boggie said the fire came within 200 feet of her house in Santa Paula.

“We thought we were going to lose it at 7:00 this morning,” Boggie said Thursday as white smoke billowed through the neighborhood. She initially fled with her two dogs while her sister and nephew stayed behind. Hours later the situation seemed better, she said.

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The Ventura County Office of Education announced that more than a dozen school districts and campuses in the county were closed Thursday, and a few were expected to be closed Friday.

Utilities in California began powering down equipment during high winds and extreme fire danger after a series of massive and deadly wildfires in recent years were sparked by electrical lines and other infrastructure.

Power was shut off to nearly 70,000 customers in five counties over the heightened risk, Southern California Edison said Thursday. Gabriela Ornelas, a spokesperson for Edison, could not immediately answer whether power had been shut off in the area where the Mountain Fire was sparked.

The wildfires burned in the same areas of other recent destructive infernos, including the 2018 Woolsey Fire, which killed three people and destroyed 1,600 homes near Los Angeles, and the 2017 Thomas Fire, which burned more than a thousand homes and other structures in Ventura and Santa Barbara counties. Southern California Edison has paid tens of millions of dollars to settle claims after its equipment was blamed for both blazes.



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