U.S., Utah Want Boy Scouts to Pay $14 Million for Wildfire

For two years, Utah residents have wondered who started a wildfire that destroyed 14,208 acres of alpine forest and pristine meadows in the Uinta Mountains near the border with Wyoming. The government’s answer came this week, and no one wanted to hear it.

Federal and state officials Monday slapped the Boy Scouts of America with two lawsuits demanding that the venerable organization cover the nearly $14 million it cost to fight the June 2002 blaze.

Well aware that the move might be viewed as a hostile action in wilderness country, government officials insisted Wednesday that the litigation was brought only as a last resort to ensure that taxpayers were not stuck with the bill.

The lawsuits were filed after yearlong negotiations between government attorneys and Boy Scout council leaders fell apart in recent weeks, said Melodie Rydalch, a spokeswoman for Paul Warner, U.S. attorney for Utah.

“It was a difficult decision,” Rydalch said. “The Boy Scouts of America are a wonderful organization. But no one is above the law. It is our responsibility to recoup this money on behalf of the taxpayers.”

Rydalch said the lawsuits named the national Boy Scouts organization, not individual troops. If there is a settlement or a judgment won at trial, government officials said, they hope the organization’s insurance policy would cover most of it.

“We are not going to seize Scout camps and little pup tents,” Rydalch said. “We don’t believe this would have any impact on their activities. It’s not going to break the bank.”

Gregg Shields, a national spokesman for the Irving, Texas-based Boy Scouts, said the group was largely self-insured and would have to shoulder costs of the lawsuits. The organization reported revenue of $78 million in 2002, the latest figures available, Shields said. About 5 million young people are involved in Scouting activities, including 1 million who are in the Boy Scouts.

Shields declined to comment on the lawsuits. “We’re just now beginning to go through it,” he said. “I don’t know what took place in Utah that night.”

The suit filed by the federal government seeks $13.3 million to cover its costs of fighting the fire and rehabilitating the land; separately, the state is asking for about $600,000 to cover its costs.

The suits allege that the fire was started by 20 Scouts who had camped in the Uinta Mountains to earn a merit badge. The Scouts, who were 14 and younger and came from several troops in Utah, were supervised by three 15-year-old boys, the lawsuits said. No adults were present, in violation of Boy Scout guidelines. Shields acknowledged that the group required a “two-deep” system of adult supervision for any activity.

The Scouts made a campfire, the lawsuits say, in violation of a well-publicized, temporary fire ban established by the state in summer 2002. The boys, identified only by their initials, left in the morning without dousing the embers sufficiently, the governments allege. The fire spread quickly, despite the efforts of more than 1,000 firefighters. Summer homes and campgrounds had to be evacuated.

Boy Scout leaders have said they’re not sure the Scouts started the blaze.

“The Boy Scouts of America stands for honesty, being trustworthy and being helpful,” said Utah Scout executive Tom Powell. “Proper information needs to be obtained, and good decisions need to be made for the benefit of all.... Both parties have the responsibility to be as fair and accurate as possible.”