"We want justice": Caldor Fire survivors pursue lawsuit against Forest Service
GRIZZLY FLATS - Caldor Fire victims are filing claims against the U.S. Forest Service which they say failed to protect Grizzly Flats.
The fire ripped through the town in less than 15 minutes in August 2021 destroying more than 400 of the roughly 600 homes that stood in the Gold Rush town.
Nearly two years later, burnt-out tree stumps resemble gravestones, reminding those who live in Grizzly Flats what home once looked like.
"We had lush trees everywhere," said Tabatha Walker who lost her home in the Caldor Fire. "I could not see the mountains over there."
Walker now has mountain views and endless skies from her newly built back porch. The change in scenery is requiring her to have a change in mindset.
"I see the sunrise. I see the sunset," said Walker. "I did not see that before. I had trees everywhere. I get to see the people rebuilding which brings me hope that our community can come back and be as strong as it once was."
"We are not looking for charity," said Mac, whose home burned down in the fire. "We want justice. We want the truth to come out."
People living in Grizzly Flats said the Forest Service failed to save the town from the flames, even though the federal agency said it did everything it could.
However, a CBS News 60 Minutes investigation showed the Forest Service actually shut down firefighting operations on the first night of the fire, and then the next day let nearly all the Cal Fire crews go before their replacements could arrive.
"We need to file the form, wait six months and then we can potentially file a lawsuit," said Jon Jochem who was one of the few whose homes survived.
Legal action is the way fire survivors hope to get answers and money to rebuild what was taken from them in less than 15 minutes.
"They were running from the fire," said Mac.
Mac is one of the many living out of a trailer on his burnt-out property with no FEMA dollars or insurance to rebuild. Fire survivors like him believe the Forest Service's Trestle Project, which was set to be completed by 2020, would have saved the town.
"They had maps. They knew if a fire broke out where it broke out that it would take out Grizzly Flats," said Walker.
Only 14 percent of the project that would have reduced fire fuel and threat to over 16,000 acres around Grizzly Flats was ever completed.
"We lost so much," said Walker. "The pet got left behind. We couldn't go back to get her."
Walker said you cannot put a value on what was lost and you cannot replace it, but that is why she is looking forward.
"We won't give up," said Walker. "We are Grizzly Flat strong and together we are going to get through this."
The fire survivors are working to file the claim by August 7, before the two-year mark on August 16.
"If you don't file a specific form by that two-year anniversary, then you basically forfeit your rights to get, potentially, compensation," said Jochem.
He said, so far, about 50-60 people have shown interest in filing claims. His goal is to get at least 30 people to file individual claims so they can be consolidated into a larger class claim.
"The Forest Service has up to six months to respond to the claim," said Jochem. "They can either deny it outright in writing or they can just not respond. If they do not respond that is considered a constructive denial and then we can file in federal court."
CBS13 reached out to the U.S. Forest Service about the potential lawsuit and claims. In a statement, it responded:
"The Eldorado National Forest is not aware of any potential lawsuit regarding the Trestle Project and has no comment."
