Attorney General Paxton Sues Electric Company for Causing the Devastating Smokehouse Creek Fire that Led to the Deaths of Three Texans and Over $1 Bil

AUSTIN, TX -- Attorney General Ken Paxton 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.

“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. 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, and I am here to hold them accountable.”

In August 2025, Attorney General Paxton launched an investigation connected to the Smokehouse Creek Fire. Xcel has admitted in public statements that its utility pole was the start of the wildlife. The Smokehouse Creek Fire was entirely preventable. Xcel neglected to replace aging utility poles in its infrastructure, some nearly 100 years old—twice their typical lifespan of 40 years. Over a million acres burned, causing the deaths of three Texans, over 15,000 head of cattle, and countless wildlife. The fires also caused more than $1 billion in economic loss, with substantial losses to agriculture, ranching, and local communities.

The lawsuit seeks 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. Additionally, the State seeks to enjoin Xcel, requiring the company to take corrective action and ensure a tragedy like this never happens again.

To read the lawsuit, click here.