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Investigating Texas Panhandle Wildfires

When the smoke finally cleared from the Smokehouse Creek fire that raged for two weeks across Texas Panhandle ranchland and communities, the scope of destruction was staggering. In addition to the loss of life and damage to property and livestock, the heartbreak was even greater as it became apparent that the tragedy that scorched more than one million acres was preventable.

Nachawati Law Group has been on the ground in Texas Panhandle counties impacted by what has become the largest blaze in Texas history. As the rebuilding process continues, we’re working to hold parties like Xcel Energy and others accountable for careless actions that caused the fire. 

Already, an investigation by the Texas A&M Forest Service has concluded that the fire was caused by Xcel-operated power lines that sparked during critical fire danger conditions. Xcel has taken the important step to acknowledge that its lines were responsible, but given what we’ve learned from deadly fires in California and — most recently — in Maui, Hawaii, safety failures like these are unacceptable.

In addition to victims of the Smokehouse Creek fire, we’re working to help those impacted by nearby fires, including the Windy Deuce Fire, which destroyed more than 140,000 acres west of the town of Borger in Moore County, and the Grapevine Creek fire southeast of Borger.

Utility companies like Denver-based Xcel have a responsibility to maintain utility poles and related equipment. We rely on them to inspect and replace damaged equipment and monitor for fire risks. In areas like the Texas Panhandle where dry and grassy land are at high risk for fire, they must monitor fire conditions and be ready to de-energize utility lines to prevent downed utility poles from sparking fires. 

In the case of the Smokehouse Creek fire, those safety measures did not occur. As a result, property owners across Hemphill, Roberts and Hutchinson counties are paying the price.We will be pressing on in the coming months to investigate this tragedy and make sure negligent corporations are held accountable. In addition to Xcel Energy, we are examining the roles of Southwestern Public Service Company and Osmose Utility Services, a Georgia contractor responsible for inspecting wood utility poles.

This is not the first time Xcel’s safety practices have come under scrutiny. The company faces nearly 300 lawsuits filed by homeowners, local governments and businesses for its role in the 2021 Marshall fire near Boulder, Colorado. Investigators blamed a loose wire owned by Xcel in part for the blaze, which resulted in more than $2 billion in damages and at least two deaths. It was the most destructive wildfire in Colorado history.

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