Hawaiian Electric Denies Lawsuit Claims Alleging Power Lines, Negligence Started Second Maui Wildfire

A view of flames as wildfires engulfed the historic town of Lahaina, Maui, Hawaii, on Aug. 9, 2023. Erin Hawk/Handout via Reuters

Hawaiian Electric has denied claims that its power lines started the deadly wildfires on the Hawaiian island of Maui after county officials filed a lawsuit accusing it of gross negligence.

In a statement published Aug. 27, the electricity company, a subsidiary of Hawaiian Electric Industries, Inc., said that while a fire that occurred in the morning of Aug. 8 appeared to have been caused by power lines that fell in high winds, the Maui County Fire Department responded to that fire and reported it was “100 percent contained,” before leaving the scene and later declaring it “extinguished.”

The company also stressed that all of Hawaiian Electric’s power lines in West Maui had been de-energized for more than six hours by the time a second fire broke out in the Lahaina area in the afternoon at around 3 p.m.

“There was no electricity flowing through the wires in the area or anywhere else on the West Maui coast,” the company said, adding that its own crew members had seen the small fire roughly 75 yards away from Lahainaluna Road in the field near the Intermediate School and immediately called 911 to report it.

“By the time the Maui County Fire Department arrived back on the scene, it was not able to contain the afternoon fire, and it spread out of control toward Lahaina,” it said.

“The cause of the fire has not yet been determined,” the company added.

‘Important Lessons to Be Learned’

“Our hearts and hands are with the people of Lahaina and Maui,” said Shelee Kimura, president and CEO of Hawaiian Electric, adding that there are “important lessons to be learned from this tragedy by all of us collectively, and we are resolved to figure out what we need to do to keep our communities safe as climate issues rapidly intensify here and around the globe.”

The statement came after Maui County last week filed a lawsuit in the Second Circuit Court against Hawaiian Electric Industries (HEI) and its affiliates, Maui Electric Co. (MEC)), Hawaiian Electric Co. (HECO), and Hawaiian Electric Light Co. (HELCO), accusing the utility of negligently failing to shut off power despite high winds and dry conditions, causing the devastating fires that destroyed the coastal town.

The fires broke out shortly after the National Weather Service (NWS) warned that “strong and gusty” winds from Hurricane Dora, combined with dry weather, were likely to produce “high fire danger.”

“Had the defendants heeded the NWS warnings and de-energized their power lines during the predicted high-wind gusts, the destruction could have been avoided,” the lawsuit reads.

Hawaiian Electric had a duty “to properly maintain and repair the electric transmission lines, and other equipment including utility poles associated with their transmission of electricity, and to keep vegetation properly trimmed and maintained so as to prevent contact with overhead power lines and other electric equipment,” it adds, citing aging infrastructure.

Thousands Still Missing

Approximately 115 people were killed in the Lahaina fire, and officials say more than 1,000 are still missing, many of them believed to be children.

In addition, the fires caused widespread destruction, which will likely cost an estimated $6 billion in recovery efforts, according to Hawaii Gov. Josh Green.

Hawaiian Electric said Sunday it is “surprised and disappointed that the County of Maui rushed to court even before completing its own investigation” into the fires.

Fire damage in Lahaina, Hawaii, on Aug. 21, 2023. Mandel Ngan/AFP via Getty Images

“We believe the complaint is factually and legally irresponsible,” Ms. Kimura said. “It is inconsistent with the path that we believe we should pursue as a resilient community committed and accountable to each other as well as to Hawaii’s future.”

“We continue to stand ready to work to that end with our communities and others. Unfortunately, the county’s lawsuit may leave us no choice in the legal system but to show its responsibility for what happened that day,” she added.

Search and recovery team members check charred buildings and cars in the aftermath of the Maui wildfires in Lahaina, Hawaii,on Aug. 18, 2023. Yuki Iwamura/AFP via Getty Images

In a statement to CNN Monday, John Fiske, the attorney representing the County of Maui in its lawsuit against the utility, said, “To the extent HECO has information of a second ignition source, HECO should offer that evidence now. The ultimate responsibility rests with HECO to de-energize, ensure its equipment and systems are properly maintained, and ensure downed power lines are not energized.”

Mr. Fiske did not elaborate further on why state officials believe Hawaiian Electric has information on a second ignition source.

Hawaiian Electric’s shares rose on Monday on the back of the statement after declining in the weeks following the deadly wildfires.

Allan Stein and The Associated Press contributed to this report.