AUSTIN — Attorney General Ken Paxton has 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,” Paxton said.
The fire, which started Feb. 26, 2024, scorched more than a million acres, 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.
In August 2025, Paxton launched an investigation connected to the fire. Xcel has admitted in public statements that its utility pole was the start of the wildlife. Xcel neglected to replace aging utility poles in its infrastructure, some nearly 100 years old — more than twice their typical lifespan of 40 years.
“The company made false representations about its safety commitments and ignored warnings that its aging infrastructure needed immediate repair and to be updated,” Paxton said. “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,” the AG added.
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.
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