Ken Paxton sues Xcel Energy over deadly Smokehouse Creek fire
TEXAS PANHANDLE - FEBRUARY 27: In this handout photo provided by the Texas A&M Forest Service, fire crosses a road in the Smokehouse Creek fire on the evening of February 27, 2024, in the Texas panhandle. The blaze became the largest wildfire in
CANADIAN, Texas - Texas Attorney General Ken Paxton has sued Xcel Energy, the utility whose facilities ignited the Smokehouse Creek Fire in 2024, alleging the company’s "blatant negligence" in maintaining its aging infrastructure led to the largest wildfire in state history.+
The lawsuit against Xcel Energy
The lawsuit seeks more than $1 billion in economic damages and civil penalties, as well as a court order forcing the company to take corrective actions to upgrade its system.
The suit claims Xcel Energy, operating in Texas as Southwestern Public Service Company, failed its duty to the public by neglecting to replace aging utility poles, some of which were nearly 100 years old, which is twice their typical 40-year lifespan.
What they're saying:
"Xcel’s blatant negligence killed three Texans and caused unfathomable destruction in the Texas Panhandle," Attorney General Paxton said in a statement Monday. "The company made false representations about its safety commitments and ignored warnings that its aging infrastructure needed immediate repair and to be updated."
Largest wildfire in Texas' history
The backstory:
The fire, which ignited in February 2024 and ultimately burned more than a million acres, caused the deaths of three Texans, over 15,000 head of cattle, and countless wildlife. Economic damages, largely impacting agriculture and ranching, exceeded $1 billion.
Texas wildfires: Utility provider says facilities appeared to have role in igniting fire
Utility provider Xcel Energy said Thursday that its facilities appeared to have played a part in igniting a massive wildfire in the Texas Panhandle that grew into the largest in state history.
It took firefighters from across the state and beyond nearly three weeks to fully contain the fire. The Smokehouse Creek Fire scorched 1,058,482 acres in the Texas Panhandle and portions of Oklahoma, according to the Texas A&M Forest Service.
Xcel Energy accepts responsibility
The other side:
Xcel Energy, a Minnesota-based company, has acknowledged that its equipment was involved in the ignition of the fire but is disputing the state’s central claims of negligence.
"We are deeply disappointed that the Attorney General decided to pursue this litigation," Xcel Energy said in a statement sent to FOX Local. "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 company stated that its facilities "appear to have been involved in an ignition of the Smokehouse Creek fire," a position first stated in March 2024 after Texas officials concluded that power lines ignited the blaze.
Fort Worth firefighters to Panhandle for wildfires
Fort Worth Fire shared video of their firefighters in the Texas Panhandle. 15 Fort Worth firefighters were deployed to the Smokehouse Creek Fire in Hutchinson County.
Xcel reported that it has been working to compensate those affected, noting that it has reached settlement agreements totaling $361 million for 212 of the 254 total claims made against the company.
"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," the company's statement read. "We will review this litigation and vigorously defend ourselves against these allegations."
Paxton's office launched an investigation connected to the fire in August 2025. The lawsuit charges that Xcel’s alleged failure to maintain its equipment created a "substantial wildfire risk" that the company ignored. The state is seeking an injunction to ensure "a tragedy like this never happens again."
Largest Wildfires in Texas History
The Smokehouse Creek fire in Hutchinson County was the largest fire in Texas history, according to the Texas A&M Forest Service.
- Smokehouse Creek (2024) - 1,058,482 acres
- East Amarillo Complex (2006) - 907,245 acres
- Big Country (1998), 366,000 acres
- Perryton (2017), 318,156 acres
- Rockhouse Fire (2011) 314,444 acres
The Source: Information in this article is from Texas Attorney General Ken Paxton, the lawsuit filed against Xcel Energy, a statement from Xcel Energy, and previous FOX Local coverage.+