Hawaii Attorney General Subpoenas 3 Maui Agencies in Wildfire Probe

A Mercy Worldwide volunteer makes a damage assessment of charred apartment complex in the aftermath of a wildfire in Lahaina, Hawaii, on Aug. 12, 2023. Yuki Iwamura/AFP via Getty Images

Hawaii Attorney General Anne Lopez issued subpoenas to three agencies in Maui on Nov. 27 as part of an independent investigation into the deadly wildfires that ravaged the Hawaiian island in August.

The subpoenas have been directed toward the Maui Emergency Management Agency, the County of Maui Department of Public Works, and the County of Maui Department of Water Supply.

Ms. Lopez said that her office needs to obtain “critical facts” from several key stakeholders on how the fire incident unfolded in order to complete the first phase of the investigation.

“Until that happens, this critical process cannot move forward,” the attorney general said in a statement.

“I remain personally invested in representing the truth, ensuring a comprehensive, independent investigation, and communicating throughout this process,” she added.

Steve Kerber, vice president and executive director of the Fire Safety Research Institute, said that officials have conducted over 100 conversations and viewed more than 1,000 personal videos and images shared by residents affected by the wildfires.

“We are committed to investigating all of the facts, and that requires accessing real-time information as the fire situation unfolded,” Mr. Kerber stated.

The catastrophic wildfire that ravaged Maui began on Aug. 8 and is believed to be the deadliest in the United States in over a century. At least 97 people were killed in the wildfires and authorities estimate that it caused over $5.5 billion in damage.

The cause of the wildfires is under investigation. Lahaina, a historic town in western Maui that was home to more than 12,000 people, was worst hit, and has now been reduced to a barren wasteland.

Need for Information

The subpoenas would allow the attorney general to collect information in a timely manner. The three departments have faced scrutiny regarding their handling and response to the wildfires.

“We appreciate the cooperation of the Maui fire and police departments, and while we continue to work through some issues, their leaders and line responders have been transparent and cooperative,” Ms. Lopez said.

Herman Andaya, who had been the Maui Emergency Management Agency administrator since 2017, resigned on Aug. 17 after stating that he had no regrets for not sounding the sirens during Lahaina’s wildfires.

Mr. Andaya asserted that the sirens are typically reserved for tsunami warnings, and had never been used in the situation of wildfires. He also explained that Hawaiians are trained to seek higher ground when the sirens are set off, and in this case, it would have likely prompted residents to move toward the approaching flames.

“We were afraid that people would have gone [toward the mountains or inland],” he said on Aug. 16. “If that was the case then they would have gone into the fire.”

“I should also note that there are no sirens [on the mountainside] where the fire was spreading down,” Mr. Andaya asserted. “So even if we sounded the siren, we would not have saved those people out there on the mountainside.”

Ms. Lopez said on Aug. 17 that an outside organization will conduct an independent review of the government’s response and officials intend “to facilitate any necessary corrective action and to advance future emergency preparedness.” The investigation will likely take months, she added.

Hawaii boasts the largest system of outdoor alert sirens in the world, for a variety of dangers including wars, volcanoes, hurricanes, and wildfires.

Mimi Nguyen Ly contributed to this report.