Xcel has said it had “accepted responsibility from the beginning” and attempted to work with victims and state officials to reach solutions.
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Attorney General Ken Paxton has sued Southwestern Public Service Company, which operates in Texas as Xcel Energy, for causing the Smokehouse Creek Fire in 2024—the largest wildfire in recorded Texas history.
According to a Dec. 16 release from Paxton’s office, the lawsuit seeks to recover economic damages suffered by the state, including property damage and the lost value of wildlife and habitats. The Attorney General also seeks civil penalties and to require Xcel to take corrective action to avert future wildfires.
“Xcel’s blatant negligence killed three Texans and caused unfathomable destruction in the Texas Panhandle,” said Attorney General Paxton, in a prepared statement. “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.”
The AG’s office, which launched an investigation into the Smokehouse Creek Fire in August, notes that the fire burned over a million acres and caused the deaths of three Texans. The fires also caused more than $1 billion in economic loss, with substantial losses to agriculture and ranching, according to the AG’s office.
In a prepared statement, Xcel said it had “accepted responsibility from the beginning” and attempted to work with victims and state officials to reach solutions. “When the Attorney General’s office approached us earlier this year requesting information, we worked with them in good faith to try and find a consensus solution. They chose to file litigation instead,” Xcel’s statement read.
Xcel has already settled more than 200 claims made against the company and paid roughly $361 million, according to the company’s statement.