I don’t think so. Where was the “intent” to do harm. The fact that it got out of control is not a deliberate intent. Questionable at least, legally.
The "intent" is in the fact that they started a fire in 1999 and were told not to do it again, they started a fire in 2001 and were told not to do it again, and they started the fire again in 2006. Third time's a charm.