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May 27, 2023

Lawsuit alleges power lines downed by high winds led to Maui wildfire spread

A Hawaiian couple sued the state’s electric utility this weekend, alleging Hawaiian Electric contributed to devastating wildfires on Maui by failing to shut off power to power lines during a high-wind

A Hawaiian couple sued the state’s electric utility this weekend, alleging Hawaiian Electric contributed to devastating wildfires on Maui by failing to shut off power to power lines during a high-wind watch.

In the class-action lawsuit, filed in state court, Monica and Rede Eder allege that the utility bears partial responsibility for the fires, which have been linked to at least 99 deaths.

The plaintiffs noted that the state Wildfire Management Organization issued a wildfire mitigation plan in 2014 that particularly pointed to vulnerabilities in Lahaina, one of the areas most devastated by the 2023 fires.

Meanwhile, in 2018, the Honolulu Fire Department attributed major fires in O’ahu that accompanied Hurricane Lane to power lines arcing in the hurricane winds, rather than lightning, according to the lawsuit. Two years later, Maui County’s Hazard Mitigation Plan classified the entirety of Lahaina as a high-risk area for wildfires.

In the leadup to the fires, the National Weather Service issued high wind watches and fire warnings for portions of the state, including Lahaina, that specifically mentioned the danger of downed power lines.

“Despite Defendants’ knowledge about these Red Flag and other warnings, Defendants left their power lines energized. These power lines foreseeably ignited the fast-moving, deadly, and destructive Lahaina Fire, which destroyed homes, businesses, churches, schools, and historic cultural sites. The fire killed scores of people and ruined hundreds — if not thousands — of lives,” the lawsuit states. “Many people remain missing. This fire marks the most destructive — and deadliest — human-made disaster in Hawai‘i history.”

A Hawaiian Electric substation near the origin point of the initial 3-acre fire is close to the site of an initial downed power line report in the early hours of August 8, while local news outlets have reported at least 30 downed poles, according to the lawsuit.

“As has always been our policy, we don’t comment on pending litigation. Our immediate focus is on supporting emergency response efforts on Maui and restoring power for our customers and communities as quickly as possible,” a Hawaiian Electric spokesperson told The Hill in a statement. “At this early stage, 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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