Paxton Secures Injunction Against Xcel Energy for Wildfire Risk

Attorney General Ken Paxton has negotiated an agreed temporary injunction against Southwestern Public Service Company, which does business in Texas as Xcel Energy (“Xcel”), to require the utility company to take immediate action to protect Texans from potential wildfire risks. Under the terms of the injunction, Xcel is required to immediately replace damaged and dilapidated utility poles and conduct rigorous and thorough large-scale inspections and to replace utility poles that pose an unreasonable risk of causing additional wildfires in the Texas Panhandle. The injunction will be effective immediately, helping ensure Xcel will be as aggressive as possible in addressing any at-risk poles in the Texas Panhandle.

“This injunction requiring Xcel to inspect and replace its dilapidated and damaged utility poles is critical for protecting the safety and livelihood of Texans,” said Attorney General Paxton. “This win is the first part of holding Xcel accountable and ensuring preventative measures are being taken as the case continues to move forward. 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 devastation throughout the Texas Panhandle, and I will continue to fight to ensure that justice is served and that wildfires will no longer be sparked by the negligence of a utility provider.”

In 2024, the Smokehouse Creek Fire ravaged the Texas Panhandle, burning more than 1 million acres. The historic blaze killed three Texans, caused significant damage to the ranching industry, and destroyed pristine natural resources. As admitted by Xcel, the fire started when an aging and rotting utility pole broke, causing live electrical wires to fall on top of the vegetation below.

Attorney General Paxton sued Xcel 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. As part of the lawsuit, the State also sought an injunction to require Xcel to take corrective actions to mitigate the risk of wildfires from the company’s equipment.

The injunction requires Xcel to replace poles that have been designated through inspections to be at imminent risk of breaking and are located in areas of Texas with elevated wildfire risk. It also requires Xcel to continue to inspect and replace high risk poles in an expedited timeline. Under these terms, Xcel will be required to replace the most critically damaged poles in as little as one day after inspection. The injunction further commits Xcel to inspect 35,000 poles per year in its Texas service area. The inspections will be under the terms of a quality assurance plan that will ensure the inspections are properly performed and that the inspectors will be held accountable for the quality of their work. These terms constitute only an initial agreement between the State of Texas and Xcel—Attorney General Paxton’s lawsuit against Xcel 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 conducts its business in a manner that will keep Texans safe.

To read the temporary injunction, click here.