Eleven insurance companies have filed a lawsuit against BNSF Railway, alleging the railroad’s operations caused the Tunnel 5 Fire in July 2023, a blaze that destroyed homes, displaced hundreds of residents, and burned more than 500 acres near White Salmon.
The lawsuit, filed in Skamania County Superior Court, claims sparks from an older BNSF locomotive ignited dry brush along the company’s tracks east of Tunnel 5.
The fire spread quickly in windy conditions, forcing the evacuation of about 1,000 people.
Ten homes were destroyed, and insurers say they paid millions of dollars in claims to cover property damage, living expenses, and business losses.
0 of 26
According to the complaint, investigators with the Washington Department of Natural Resources concluded the fire was started by human activity, specifically railroad operations.
They collected wheel parts and carbon particles believed to have come from BNSF equipment at the ignition site.
The report also noted that BNSF maintenance work had sparked two smaller fires along the same stretch of track less than a week before the Tunnel 5 Fire.
The insurers argue that BNSF acted negligently by operating an outdated non-turbocharged locomotive known for emitting sparks, failing to maintain vegetation along its right of way, and ignoring red flag warnings of extreme fire danger.
They accuse the company of negligence, trespass, nuisance, and statutory waste, and also seek damages under Washington’s constitution for what they call an unlawful taking of property.
The plaintiffs include Mutual of Enumclaw, Allstate, Foremost, Truck Insurance Exchange, USAA, State Farm, and Safeco.
They are seeking damages to recover the amounts already paid to policyholders, as well as additional costs, attorney’s fees, and in some claims, treble damages.
The fire, which broke out July 2, 2023, required 256 firefighters, 40 engines, five helicopters, and six bulldozers to contain.
Residents described a chaotic evacuation as flames moved quickly through steep terrain above the Columbia River Gorge.
BNSF has not yet filed its response to the lawsuit.
©2025 Cox Media Group
