The largest county on the Hawaiian island of Maui is suing the state’s public utility for alleged “gross negligence,” resulting in wildfires that killed at least 115 people and destroyed or damaged thousands of buildings and homes.
On Aug. 24, Maui County filed a civil action 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).
The suit claims, among other things, that the defendants failed to shut down power lines despite “red flag” warnings from the National Weather Service (NWS), and properly maintain equipment.
“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,” according to the 56-page document.
The suit argues that high winds caused by the southern passage of Hurricane Dora, dry conditions, and an aging power infrastructure allegedly combined to cause three destructive wildfires on Maui in early August.
The Lahaina Fire, reported Aug. 8 at 6:37 a.m., was by far the worst, killing at least 115 residents and burning 2,200 buildings while leaving hundreds unaccounted for.
The Kula Fire, reported at 11:30 a.m. on Aug. 8, burned 200 acres and 15 structures. The Olinda Fire, reported at about 11 p.m. on Aug. 7, destroyed 1,000 acres and multiple buildings.
“The Lahaina Fire marks the most destructive and deadliest human-made disaster in Hawaii history,” the suit stated.
The suit accuses the defendants of “inexcusably” energizing power lines during high-fire danger conditions.
On Aug. 24, Maui County issued a press release stating the county “stands alongside the people and communities of Lahaina and Kula to recover public resource damages and rebuild after these devastating utility-caused fires.
“These damages include losses to public infrastructure, fire response costs, losses to revenues, increased costs, environmental damages, and losses of historical or cultural landmarks.”
Weather Warning
In early August, the National Weather Service (NWS) issued a high-wind watch and red-flag warning that cautioned MECO and HECO that damaging winds could knock down power lines and that any fires would likely spread quickly, according to the suit.The Pacific Disaster Center and Federal Emergency Management Agency (FEMA) estimate the cost to rebuild and restore the damage from the Lahaina Fire to be around $5 billion.
The suit argues Maui County suffered property losses and significant other damages, including lost tax revenues and commercial activity.
Hawaiian Electric Industries is the parent company of HECO, MECO, and HELCO and serves about 95 percent of Hawaii, including Maui County.
The lawsuit states that these companies own 3,000 miles of electrical transmission and distribution lines, 40 percent underground.
HELCO is the sole owner of 50,000 utility poles.
Since 2000, Hawaii has experienced more than 20 hurricanes or their remnants—13 since 2010, the lawsuit states.
In 2014, the Hawaii Wildlife Management Organization unveiled a Wildfire Management Plan that included Lahaina among Maui’s “most fire-prone areas.”
The situation was due to the town’s closeness to grasslands, steep terrain, and frequent high winds. The proposed mitigation plan sought to reduce any potential impact of future wildfires.
A 2020 Maui County Hazard Mitigation Plan Update listed the historic town of Lahaina and all buildings and properties within as occupying a high-wildfire risk area.
Based on the document’s findings, the suit added that West Maui had a greater than 90 percent likelihood of experiencing a wildfire.
‘Duty’ to Maintain Equipment
Moreover, before the Maui wildfires, the defendants “had a duty” to maintain and repair utility poles and power lines, including trimming vegetation, and to “make their lines safer under all the exigencies created by the surrounding circumstances and conditions.”Such measures would have included ensuring utility pole strength in high winds and relocating overhead power lines underground.
Failure to do so would constitute “negligence and expose members of the general public to a serious risk of injury or death,” the suit argues.
“It is uncontested that overhead power lines are more vulnerable to adverse weather conditions and objects contacting lines and require more frequent repair.
“At all times relevant, defendants knew that dangerous weather conditions were imminent and that the likelihood of overhead transmission lines contacting surrounding vegetation was great.”
These and other alleged failures contributed to the ignition and rapid spread of the Maui fires and “the failure to warn the public of the same,” the suit adds.
“Despite defendants’ knowledge about these red flags and other warnings, defendants left their power lines energized,” the suit continues.
“These power lines foreseeably ignited the fast-moving, deadly, and destructive Lahaina Fire, which completely destroyed residences, businesses, churches, schools, and historic culture sites.”
Died While Fleeing
Many Lahaina residents reportedly died while trying to flee the advancing wildfire trapped in their vehicles.Several residents also reported police blockades along the main bypass road into Lahaina, preventing many from escaping, water supplies for battling the fire inexplicably cut off, and all-hazard warning sirens that failed to sound.
Maui County’s emergency management administrator would later resign over the decision not to use the warning system, citing “health reasons.”
The county’s lawsuit alleges that the public utility failed to prevent or mitigate the risk of wildfire, resulting in more than 30 downed utility poles on Maui.
The suit accuses the defendants of gross negligence, creating a nuisance, and engaging in ultra-hazardous activity. It seeks injunctive relief requiring tools to mitigate the risk of fire.
An additional count of trespassing through “ultra-hazardous activity” states that the county did not grant the defendants “permission to cause the fire to enter” properties.
The civil action seeks unspecified general or special damages for destroyed property, repair costs, loss of property use and value, loss of revenues and work productivity, and loss of natural resources.
Representing the county in the case are the Department of the Corporation Counsel; Cronin, Fried, Sekiya, Kekina, and Fairbanks; Baron and Budd; and Diab Chambers.
In a written statement, Hawaiian Electric Co. told The Epoch Times the company’s “primary focus in the wake of this unimaginable tragedy has been to do everything we can to support not just the people of Maui, but also Maui County.
“We are very disappointed that Maui County chose this litigious path while the investigation is still unfolding.”
