


Hawaii’s largest power company is under scrutiny in relation to the deadliest United States wildfire in modern history, facing allegations that its negligence and inaction fueled the disastrous blaze.
A new lawsuit filed this week accuses the utility, Hawaiian Electric, of failing to take proper steps to remedy its power lines after a fire in 2019, including taking actions to shut down its power lines ahead of intense weather conditions to prevent them from emitting sparks and catching fire.
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Three other lawsuits have been filed against Hawaiian Electric in the aftermath, alleging similar misconduct and inaction on behalf of the company for years before the fires began. The lawsuits argue that Hawaiian Electric acknowledged in press releases and documents filed to the state that downed power lines and power grid infrastructure where vegetation growth is not mitigated could increase the chances of wildfires — but did not act on the findings.
In fact, the utility spent less than $245,000 on such repairs since 2019, according to new regulatory filings reported by the Wall Street Journal — leaving its lines exposed and vulnerable to electrical disruptions like the ones that occurred on Maui and Hawaii's Big Island last week.
The fires left more than 100 people dead and caused an estimated billions of dollars in damages.
In a class action lawsuit, plaintiffs accuse the company of failing to shut off the power lines during the high wind watch and red flag warning conditions for Maui that had been issued by the National Weather Service prior to the fire because of Hurricane Norma, a category 4 storm some 800 miles southwest of the islands.
“Hawaiian Electric is not just responsible and they weren’t just negligent,” Mikal Watts, an attorney representing some of the plaintiffs, told NBC News. “They were grossly negligent by making conscious decisions to delay grid modernization projects that would have prevented this very tragedy.”
In 2021, a Maui County government commission took stock of local wildfire prevention and response efforts and warned officials that not enough was being done to address growing risks.
“The investigation found that the number of incidents from a combination of wild/brush/forest fires appears to be increasing, and that this increase poses an increased threat to citizens, properties, and sacred sites,” the report said.
The commission recommended a number of steps to better protect and prevent fires on its lands, including managing vegetation surrounding power lines, and creating so-called "fuel buffer" zones to mitigate the risk of fires along the lines.
Power shut-off plans are common in areas with a higher risk of wildfire, such as California, Oregon, and Nevada.
And a shut-off plan could have been instrumental in limiting the damage in the Maui fires: According to Maui County Mayor Richard Bissen, approximately 30 utility poles in the region were knocked down due to the intense wind gusts, including some that were energized after hitting the ground.
One security footage video posted to Instagram by the Maui Bird Conservation Center appears to capture an electric malfunction in real time.
Hawaiian Electric is the largest utility in the state, and services roughly 95% of residents.
According to Watts, it had years to take steps to better protect against the fires but did not.
“Their own papers say they knew how to prevent it, and their own papers showed their conscious and deliberate decision to delay the implementation of safety measures that would have prevented this tragedy — the most deadly wildfire in American history,” Watts told NBC.
Darren Pai, a spokesperson for the company, told the outlet that Hawaiian Electric was aware of the allegations but is focused on restoring power to Maui.
He emphasized that “the cause of the fire has not been determined and we will work with the state and county as they conduct their review.”
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According to Maui County, the Puʻukoliʻi/Kaʻanapali fire is extinguished.
Fires in Pulehu and Kihei are 100% contained, meaning that firefighters have the blazes fully surrounded and may not yet be done burning. Fires in Lahaina are 85% contained and fires in Upcountry and Kula are 75% contained, with fires burning in hard-to-reach places.