Texas Attorney General Ken Paxton has secured a temporary injunction requiring Xcel Energy to immediately inspect and replace damaged utility poles following the devastating Smokehouse Creek Fire of 2024.
The agreement forces the utility company to address wildfire risks across the Texas Panhandle through rigorous infrastructure improvements. The injunction marks the first legal victory in Paxton’s broader lawsuit against Xcel, whose admitted negligence sparked the historic blaze that killed three Texans and burned over one million acres.
“This injunction requiring Xcel to inspect and replace its dilapidated and damaged utility poles is critical for protecting the safety and livelihood of Texans,” Paxton said in a news release.
The fire started when an aging utility pole broke, dropping live wires onto vegetation below.
Under the agreement’s terms, Xcel must replace poles deemed at imminent risk of breaking in high wildfire areas. The most critically damaged poles require replacement within one day of inspection.
The company will inspect 35,000 poles annually across its Texas service territory. A quality assurance plan will ensure proper inspections and hold inspectors accountable for their work.
“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,” Paxton said.
The temporary injunction takes effect immediately while Paxton’s December lawsuit continues. That suit seeks economic damages for property destruction, wildlife habitat loss, and civil penalties for violations of Texas law.
The Smokehouse Creek Fire caused significant damage to the ranching industry and destroyed pristine natural resources across the Panhandle. Paxton emphasized that this initial agreement represents only the beginning of efforts to hold Xcel accountable and secure lasting protections for Texans.