Quick Take
A new lawsuit from a pair of local restaurant owners alleges that Vistra Corp., owner of the Moss Landing battery plant that erupted in flames in January, knew about design flaws that exacerbated the fire.
The owners of a restaurant that sits just across Highway 1 from the Moss Landing battery energy storage system are suing the Texas-based corporation that runs the facility for damages related to the toxic, dayslong battery blaze that erupted in January.
Kim and Luis Solano, owners of the Haute Enchilada Cafe, filed the lawsuit against Irving-based Vistra Corp. on Thursday. The pair say they have “indefinitely closed” the restaurant following the Jan. 16 battery plant fire and the subsequent flare-up on Feb. 18. They are seeking compensatory relief and punitive damages that “deter the defendant from future misconduct.”
“Due to the negligence and carelessness of Vistra and the other defendants, plaintiffs face an uncertain and terrifying future,” the lawsuit reads. The Solanos are represented by Burlingame-based Cotchett, Pitre & McCarthy LLP. “Remaining in Moss Landing after this unthinkable disaster could expose them to long-lasting and irreversible health problems,” the suit reads.
The lawsuit criticizes Vistra for offering only “hopes, prayers, and a $750 gift card” to the Solanos and other affected residents. “Such a pittance pales in comparison” to what has been lost, the suit reads.
The lawsuit alleges design flaws in the facility that housed the now-incinerated 100,000 lithium-ion battery modules, and that Vistra and the battery manufacturer, South Korea-based LG Energy Solution, used a less-stable battery type than was available. The suit says that Vistra knew the open-air, concrete facility had safety problems and had not been properly fireproofed.
“On information and belief, the battery storage method Vistra employed was unsafe, unstable, and prone to creating, in effect, a chemical and heavy metal powder keg if one or more battery modules were to fail and catch fire,” the suit says. “Vistra and LG knew that the battery storage method was unsafe.”
The Moss Landing facility also used nickel-manganese-cobalt batteries, known as NMCs — early-stage versions known to be more volatile than the lithium-iron-phosphate (LFP) batteries developed later.
“Plaintiffs have suffered and continue to suffer from inconvenience, personal discomfort, and annoyance, including … sore throats, sinus irritation, breathing problems, headaches, tiredness, burning in the lungs, nausea, irritation of the skin, rashes and other symptoms they did not have before the Jan. 16 Vistra fire,” the suit reads, saying that the Solanos have also suffered emotional distress and harmed mental health.
The Solanos’ is the second lawsuit filed against Vistra Corp. and LG following the fire. Earlier this month, four Moss Landing residents joined well-known environmental activist Erin Brockovich in a lawsuit seeking damages.
Following the lawsuit, Vistra issued a statement saying that testing by the state, and Monterey and Santa Cruz counties did not detect risks to the public water system or soil.
“While we are reviewing the lawsuit, our focus remains on the safety of our personnel and the community,” the statement reads.
FOR THE RECORD: This story has been updated to include a statement from Vistra Corp., in response to the lawsuit.
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