Texas Attorney General Ken Paxton has filed suit against Southwestern Public Service Company, which operates in Texas as Xcel Energy, alleging the utility's negligence caused the 2024 Smokehouse Creek Fire, the largest wildfire recorded in Texas history.
According to the Office of the Attorney General, the lawsuit follows an investigation launched in August 2025 after public statements by Xcel acknowledged that one of its utility poles was the origin of the wildfire.
The state alleges the fire was entirely preventable and resulted from Xcel's failure to properly maintain and replace aging infrastructure in the Texas Panhandle.
"Xcel's blatant negligence killed three Texans and caused unfathomable destruction in the Texas Panhandle," said Paxton. "The company made false representations about its safety commitments and ignored warnings that its aging infrastructure needed immediate repair and updating. This created a substantial wildfire risk, which Xcel did nothing about."
The Smokehouse Creek Fire burned more than one million acres, killed three Texans, and resulted in the loss of over 15,000 head of cattle, along with widespread destruction of wildlife and habitat.
State officials estimate the fire caused more than $1 billion in economic losses, significantly impacting agriculture, ranching operations, and rural communities across the region.
The lawsuit alleges Xcel failed to replace utility poles that were nearly 100 years old, more than twice their typical 40-year lifespan, despite known risks associated with deteriorating infrastructure. Paxton's office argues that Xcel owed a duty of care to residents and customers within its service area and breached that duty by failing to address known hazards.
"Excel owes a duty of care to the residents and customers in its service area," said Paxton. "Excel failed this duty, and I am here to hold them accountable."
The State of Texas is seeking to recover economic damages, including property damage and the lost value of wildlife and natural habitat. The lawsuit also seeks injunction relief that will require Xcel to take corrective action to prevent similar disasters in the future.
