Attorney General Ken Paxton announced Tuesday that he was suing Southwestern Public Service Company, which does business as Xcel Energy, for allegedly causing 2024’s Smokehouse Creek Fire. The fire, which killed three and caused more than $1 billion in damages, was the largest wildfire in recorded Texas history.
Paxton filed the lawsuit in Hemphill County, which is northeast of Amarillo in the state’s panhandle and borders Oklahoma. Hemphill County was among those counties impacted by the fire that burned for nearly a month and scorched a swath of land 35 miles across at its widest point. The lawsuit alleges the fire consumed an estimated 1.058 million acres, an area larger than the entire state of Rhode Island.
“Xcel’s blatant negligence killed three Texans and caused unfathomable destruction in the Texas Panhandle,” Paxton said in a news release. “The company made false representations about its safety commitments and ignored warnings that its aging infrastructure needed immediate repair and to be updated. This created a substantial wildfire risk, which Xcel did nothing about. There must be accountability for the death and devastation the company caused. Xcel owes a duty of care to the residents and customers in its service area. Xcel failed this duty, and I am here to hold them accountable.”
The lawsuit states that Xcel “admitted that the failure of its equipment was the cause of the Smokehouse Creek Fire and it cannot now escape its admission.” The lawsuit points to Xcel’s “negligent management and subsequent failure of its aging and deteriorating utility poles” as the ignition source for the historic fire.
Xcel issued a statement to The Lawbook Tuesday that it was “deeply disappointed” by the attorney general’s choice to pursue litigation.
“Though Xcel Energy disputes claims that it acted negligently in maintaining and operating its infrastructure, we accepted responsibility from the beginning and set up an expedited claims process,” the statement reads. “Even now, the work to fairly compensate those affected continues. To date, Xcel Energy has agreements for settlements totaling $361 million for 212 of 254 total claims made against the company.”
Xcel’s statement says it worked with the attorney general’s office “in good faith to try and find a consensus solution” after being approached earlier this year for more information.
“They chose to file litigation instead,” Xcel’s statement reads. “We will review this litigation and vigorously defend ourselves against these allegations.”
The lawsuit alleges violations of the Texas Deceptive Trade Practices Act and the Public Utility Regulatory Act, unjust enrichment, public nuisance, trespass, negligence, negligence per se and gross negligence. In addition to monetary damages, the lawsuit is seeking an injunction that would require Xcel to take certain actions intended to prohibit future wildfires.
The case has been assigned to 31st District Court Judge Steven R. Emmert.
Texas is represented by Jennifer Roscetti, Kaylie Buettner, Wesley S. Williams, Ian Lancaster, Shelby Thompson, Ariel San Miguel and Roel Torres of the attorney general’s office.
A case number was not immediately available Tuesday, nor was counsel information for Xcel.