Lawsuit targets utility over historic wildfire
Texas Attorney General Ken Paxton filed a lawsuit Tuesday against Xcel Energy, accusing the utility of causing the 2024 Smokehouse Creek Fire, the largest wildfire ever recorded in Texas history and one that spread into western Oklahoma.
“Xcel’s blatant negligence killed three Texans and caused unfathomable destruction in the Texas Panhandle,” said Attorney General Paxton. “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.”
Paxton added that Xcel “owes a duty of care to the residents and customers in its service area” and failed in that responsibility.
Fire burned more than 1 million acres across two states
The Smokehouse Creek Fire burned more than 1 million acres in Texas and crossed into Oklahoma, forcing evacuations in the small communities of Durham and Crawford.
At the height of the emergency, the Oklahoma Forestry Service reported:
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90,570 acres burned in the Catesby Fire in Ellis County, which was only 18% contained
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26,048 acres burned in the Slapout Fire in Beaver County, which was 22% contained
Firefighters battled extreme conditions as the wildfire complex moved rapidly across state lines.
Utility infrastructure blamed for ignition
Weeks after the fires, authorities determined that broken utility poles belonging to Xcel Energy were suspected of causing the wildfire.
In August 2025, Attorney General Paxton launched a formal investigation into Xcel’s role in the Smokehouse Creek Fire. According to the lawsuit, Xcel has admitted in public statements that its utility pole ignited the wildfire.
The filing states the fire was entirely preventable, alleging Xcel failed to replace aging utility poles—some nearly 100 years old, more than twice their typical 40-year lifespan.
Widespread losses and economic damage
The wildfire caused devastating losses across the region, including:
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Three deaths
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More than 15,000 head of cattle lost
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Countless wildlife deaths
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Over $1 billion in economic losses
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Severe damage to agriculture, ranching operations, and rural communities
The lawsuit asserts that Xcel’s failure to maintain infrastructure directly contributed to these losses.
State seeks damages and corrective action
The lawsuit seeks to recover economic damages suffered by the State of Texas, including:
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Property damage
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Lost value of wildlife and habitat
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Civil penalties for violations of Texas law
The State is also asking the court to enjoin Xcel Energy, requiring the utility to take corrective action to prevent future tragedies.
To read the lawsuit, click here.
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To read the lawsuit, click here.