Austin, TX – Texas Attorney General Ken Paxton has filed a lawsuit against Xcel Energy, alleging the utility’s negligence caused the 2024 Smokehouse Creek Fire, which burned more than one million acres in Texas and spread into western Oklahoma.
The Smokehouse Creek Fire is the largest wildfire ever recorded in Texas history. As it crossed state lines, it forced evacuations in parts of Ellis and Beaver counties, including the western Oklahoma communities of Durham and Crawford.
“Xcel’s blatant negligence killed three Texans and caused unfathomable destruction in the Texas Panhandle,” Paxton said in a statement. He accused the company of ignoring repeated warnings about aging infrastructure and making false claims about its safety practices.
During the height of the wildfire emergency, the Oklahoma Forestry Service reported significant fire activity in western Oklahoma. The Catesby Fire in Ellis County burned 90,570 acres and was only 18 percent contained at one point. The Slapout Fire in Beaver County burned 26,048 acres and reached just 22 percent containment as firefighters battled extreme winds and dry conditions.
Weeks after the fires, investigators determined that broken utility poles owned by Xcel Energy were suspected as the cause of the wildfire. According to the lawsuit, Xcel has publicly acknowledged that one of its utility poles ignited the Smokehouse Creek Fire.
Paxton launched a formal investigation into Xcel’s role in August 2025. The lawsuit alleges the fire was entirely preventable and claims Xcel failed to replace utility poles that were nearly 100 years old, far exceeding the typical 40-year lifespan.
The wildfire caused widespread devastation across Texas and western Oklahoma. Reported losses include three deaths, more than 15,000 head of cattle, extensive wildlife loss, and over $1 billion in economic damage. Ranching operations, agricultural land, and rural infrastructure across the region were severely impacted.
The lawsuit seeks to recover economic damages on behalf of the State of Texas, including compensation for property damage, loss of wildlife and habitat, and civil penalties for violations of state law. The state is also asking the court to require Xcel Energy to take corrective action to prevent similar disasters in the future.
While the lawsuit was filed by Texas, the effects of the Smokehouse Creek Fire remain deeply felt in western Oklahoma communities that were caught in the path of the historic wildfire.
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