Xcel Energy Injunction

The devastating Smokehouse Creek Fire that ravaged the Texas Panhandle in 2024, burning over 1 million acres and killing three Texans, has led to a significant development in the case against Xcel Energy. Attorney General Ken Paxton has successfully negotiated an agreed temporary injunction against the utility company, requiring them to take immediate action to protect Texans from potential wildfire risks.

Under the terms of the injunction, Xcel Energy is required to immediately replace damaged and dilapidated utility poles and conduct rigorous large-scale inspections to identify and replace poles that pose an unreasonable risk of causing additional wildfires. The injunction will be effective immediately, ensuring Xcel Energy takes aggressive action to address at-risk poles in the Texas Panhandle.

According to Attorney General Paxton, the injunction is a critical step in protecting the safety and livelihood of Texans. "This win is the first part of holding Xcel accountable and ensuring preventative measures are being taken as the case continues to move forward," he stated. "Xcel has made the right decision in working with my office and ultimately agreeing to take these critical first steps."

The Smokehouse Creek Fire caused widespread devastation, burning over 1 million acres, killing three Texans, and causing significant damage to the ranching industry and pristine natural resources. The fire started when an aging and rotting utility pole broke, causing live electrical wires to fall on top of vegetation below, as admitted by Xcel Energy.

Attorney General Paxton sued Xcel Energy in December to recover economic damages suffered by the State, including property damage and the lost value of wildlife and habitat, and civil penalties for violations of Texas law. The lawsuit also sought an injunction to require Xcel Energy to take corrective actions to mitigate the risk of wildfires from the company’s equipment.

The injunction requires Xcel Energy to replace poles designated as being at imminent risk of breaking and located in areas with elevated wildfire risk. The company must also continue to inspect and replace high-risk poles on an expedited timeline, with the most critically damaged poles being replaced in as little as one day after inspection. Xcel Energy will be required to inspect 35,000 poles per year in its Texas service area, with the inspections being performed under a quality assurance plan that ensures accountability for the quality of work.

The terms of the injunction constitute an initial agreement between the State of Texas and Xcel Energy. Attorney General Paxton’s lawsuit against Xcel Energy will continue to ensure Texas is adequately compensated for the damages incurred during the Smokehouse Creek Fire and that lasting injunctive relief is secured to ensure Xcel Energy conducts its business in a manner that keeps Texans safe.