Electrical workers repair power lines leading into the fire ravaged town of Lahaina on the island of Maui in Hawaii, August 15, 2023.
Mike Blake | Reuters
Electric companies in the western U.S. are facing mounting lawsuits alleging that their failure to prepare for extreme weather has resulted in repeated, catastrophic wildfires that have taken scores of lives and caused billions of dollars in damages.
Hawaiian Electric is the latest utility to face allegations of negligence. Maui County sued the power company for damages on Thursday over its alleged role in the devastating wildfires on Maui this month that have killed more than 100 people and burned the historic town of Lahaina to the ground.
The Maui County complaint is the 12th lawsuit filed against Hawaiian Electric. The suits allege that downed power lines operated by the company contributed to the deadliest U.S. wildfire in more than a century.
The suits accuse the utility of negligence for failing to shut off power even after the National Weather Service had issued a “red flag” warning of an increased fire risk due to high winds from Hurricane Dora and drought conditions on the island.
Hawaii Electric pushed back against some of those claims in a statement Sunday.
The credit agency Fitch has said the litigation could pose an existential threat to the company. Pacific Gas & Electric in California filed for bankruptcy in 2019 when facing billions of dollars in liability for wildfires.
The allegations leveled against Hawaiian Electric echo lawsuits brought against PG&E in California over the 2018 Camp Fire, Berkshire Hathaway’s PacifiCorp in Oregon over the 2020 Labor Day wildfires and Xcel Energy in Colorado over the 2021 Marshall Fire.
Before all these catastrophic wildfires, the companies did not shut the power off despite high winds that can knock down power lines and combine with dry or outright drought conditions to create a high fire risk.
The wildfire risk posed by aboveground power lines is well documented. More than 32,000 wildfires were ignited by transmission and distribution lines in the U.S. from 1992 to 2020, according to U.S. Forest Service data.
Paul Starita, an attorney who represents Lahaina residents in one of the suits against Hawaiian Electric, said utilities are not doing enough to harden their infrastructure against extreme weather and clear brush to prevent catastrophic fires.
“They’re just not doing it,” said Starita, senior counsel at Singleton Schreiber, a law firm that has represented 12,000 victims in fires caused by utilities. “And when you know the system has a problem — shut down the power,” he said.
The industry suffers from a culture that is slow to change and has historically had a financial incentive to not overspend on infrastructure because their performance has been judged on how much money they save their customers, said Alexandra von Meier, an electric grid expert.
“The industry just is changing more slowly than the climate is,” said von Meier, an independent consultant and former professor at the University of California, Berkeley. “The industry needs different standard practices today than they needed 10 years ago. They just haven’t adapted yet.”
The failure to adapt swiftly to climate change has had catastrophic consequences in lives lost, homes destroyed and increasingly for the utilities’ own business interests.
Lives lost, billions in damages
The Maui fires have killed at least 115 people with hundreds still missing. The town of Lahaina is destroyed. Moody’s estimates the wildfires have caused up to $6 billion in economic losses.
Fitch, Moody’s and S&P recently downgraded Hawaiian Electric’s credit rating to junk status, with Fitch warning that the company faces more than $3.8 billion in potential liability for the Maui wildfires.
Though the lawsuits point the finger at Hawaiian Electric, the authorities are still investigating the cause of the Maui wildfires. The Bureau of Alcohol, Tobacco, Firearms and Explosives has deployed a team with an electrical engineer to assist Maui County fire officials in determining the origins of the blazes.
Just two months before the Maui fires, Colorado law enforcement officials found that a power line operated by the Minnesota-based utility Xcel Energy likely caused one of the two initial fires that led to the 2021 Marshall Fire in Boulder County. The line had become unmoored from its pole during high winds.
The Marshall Fire killed two people, destroyed more than 1,000 homes and dozens of commercial buildings, and burned 6,000 acres of land. Colorado’s insurance commissioner has put the total property losses at more than $2 billion, making it the costliest wildfire in state history.
Boulder County District Attorney Michael Dougherty said during a news conference in June that criminal charges were not brought against Xcel because there was no evidence of worn materials, shoddy construction and substandard conditions in its power line.
Xcel CEO Bob Frenzel said the company strongly disagrees with the investigation’s conclusion that the power line likely contributed to the blaze. He said Xcel will vigorously defend itself in court against mounting lawsuits.
The company said it is aware of eight lawsuits representing at least 586 plaintiffs and expects further complaints, according to its latest quarterly financial filing. If Xcel is found liable for the Marshall Fire, the total damages could exceed the company’s insurance coverage of $500 million, according to the filing.
Days after Boulder County released its Marshall Fire findings, a jury in Oregon found that Berkshire Hathaway‘s PacifiCorp was to blame for four of the 2020 Labor Day wildfires and ordered the company to pay $90 million in damages to 17 homeowners.
PacifiCorp said the damages sought in the various lawsuits, complaints and demands filed in Oregon over the wildfires total more than $7 billion, according to the company’s latest financial filing. The utility has already incurred probable losses from the fires of more than $1 billion, according to the filing.
The Labor Day wildfires in Oregon killed nine people, destroyed more than 5,000 homes and burned 1.2 million acres of land in the most destructive multiple-fire event in the state’s history.
Though the official cause of the fires is still under investigation, homeowners in the class-action lawsuit said downed power lines operated by PacifiCorp triggered the fires. They accused the company of acting negligently by failing to shut the power off. PacifiCorp has said it will appeal the June jury verdict, which could take years.
The company said in its latest financial filing that government agencies have informed the company that they are contemplating actions in connection with some of the 2020 wildfires.
These catastrophes came years after the devastating 2018 Camp Fire in California that should have served as an urgent, tragic warning to the industry.
The Camp Fire killed 85 people, destroyed more than 18,000 buildings and burned over 153,000 acres of land. The town of Paradise, like Lahaina in the Maui fires, was almost completely destroyed by the inferno.
The Camp Fire was ignited by a power line that PG&E failed to maintain with components dating back to 1921. The company was indicted and ultimately pleaded guilty to 84 counts of involuntary manslaughter.
PG&E filed for bankruptcy protection in 2019 in the face of $30 billion in wildfire liability. The company reached a $13.5 billion settlement with victims and emerged from bankruptcy in 2020.
Aging power lines
The century-old infrastructure that led to the 2018 Camp Fire, though particularly egregious, is not an isolated problem. Most of the transmission and distribution lines in the U.S. have reached or surpassed their 50-year intended lifespan, according to the American Society of Civil Engineers.
And this aging infrastructure is running up against an accelerating number of disasters due to climate change, according to ASCE. Maui County has alleged Hawaiian Electric operated wood utility poles that were severely damaged by decay, putting them at increased risk of toppling during a high wind event.
And even if a utility perfectly maintains and operates its equipment, it is next to impossible to guarantee there will never be a spark with aboveground transmission and distribution infrastructure, von Meier said.
The smartest solution is to install the transmission lines, switchgear and transformers underground, she said. The problem is that this is expensive. It costs about 10 times as much to install electrical infrastructure underground compared with aboveground, von Meier said.
“To really reinforce the infrastructure, both to make it reliable in the face of extreme weather and to keep it from causing fires, is going to be very, very expensive,” von Meier said. The U.S. is facing an investment shortfall of $338 billion in electric infrastructure through to 2039, according to ASCE.
The Edison Electric Institute, the trade association that represents investor-owned electric companies, said the industry has invested $1 trillion over the past decade in upgrading and maintaining infrastructure and is on track to invest more than $167 billion in 2023.
“Substantial investments in adaptation, hardening, and resilience are being made to help mitigate risk,” said Scott Aaronson, EEI’s head of security and preparedness.
“Unfortunately, there is no such thing as zero risk, which is why we are working to drive down that risk and ensure we are prepared to respond safely and efficiently when incidents do occur,” Aaronson said.
Joseph Mitchell, a scientist who has served as an expert on wildfires for the California Public Utilities Commission, said electric companies in the Golden State are moving to install their lines below ground to mitigate the risk.
But Mitchell said insulating aboveground power lines with a protective covering is also an effective solution that is cheaper and can be rolled out more quickly. There is also technology coming to market that can de-energize power lines automatically when there’s a problem, he said.
Power shut-offs
The utilities all failed to shut the power off before these wildfires. Hawaiian Electric CEO Shelee Kimura said during a news conference earlier this month that cutting power would have jeopardized Lahaina’s water supply and people who rely on specialized medical equipment.
“The electricity powers the pumps that provide the water, and so that was also a critical need during that time,” Kimura said.
“There are choices that need to be made and all of those factors play into it,” Kimura said. “So every utility will look at that differently depending on the situation.”
Hawaiian Electric subsequently said downed power lines appear to have caused a morning brush fire in Lahaina, but the power was off when a second fire broke out that afternoon. The cause of the second fire is still under investigation.
Von Meier and Mitchell both said that a decision to shut off power is not an easy one. It comes with risks that can also potentially put lives in jeopardy, but Mitchell said it is the right decision when lines are going to be pushed to their limit during high winds in potential fire conditions.
“You’re talking about potential criminal liability here. The financial liability is going to be humungous for these fires,” said Mitchell, who founded a wildfire consulting firm called M-bar Technologies.
Von Meier said the risks of shutting power off underlines a deeper planning and resilience problem in U.S. infrastructure. Drinking water should not be in jeopardy if the grid goes out, she said, and people with specialized medical equipment should be provided with reliable solar-powered backup batteries.
“Nobody in an electric utility should be in a situation where their decision to shut the power off means that life-sustaining equipment will fail,” she said.
Kimura also said Hawaiian Electric had no program in place for a power shutdown. The utilities need to learn the lesson that clear guidelines need to be in place for when power should be cut, von Meier said.
“It’s sort of the same story every time — people don’t think it can happen there,” Mitchell said of wildfires ignited by power lines. “Everybody has to learn the hard way. Hopefully, this is the last time and people will come up with contingency plans.”
Republicans announced a new tax plan today and it’s just about as bad for America as expected, taking money for healthcare, clean air and energy efficiency from American families and sending it to the ultra-wealthy instead.
Now that the republican party has unveiled its job-killing tax proposal, we know a little more about what’s in it.
Originally, it was thought by many that the proposal would completely kill all federal EV credits, with some estimating that the $7,500 credit would go away immediately (personally, I never thought it would be that stupid, but you never know with the republicans).
It turns out the details are a little more nuanced than that, and that while the credit is ending, it will sunset a little later than many feared.
It’s likely that the credit will last through the end of this year – which makes sense, since that’s how tax changes often work. Then, at the end of the year, Inflation Reduction Act credits will largely disappear.
However, in the current draft of the bill, some automakers will retain access to some EV credits, for a time. This is due to an exception given for manufacturers who have not sold 200,000 vehicles between 2009 and 2025, a similar cap to the old EV tax credit that was first implemented in 2008, before Congress improved it and removed the cap in the Inflation Reduction Act.
So, smaller manufacturers will continue to have some support, while large manufacturers who have already sold plenty of cars will lose all of their credits.
A number of manufacturers have already reached the 200k EV cap, including Nissan, Ford, Toyota, Hyundai/Kia, GM, and of course, Tesla. Those manufacturers will lose access to credits.
But others who started late or have more niche offerings continue to be under the 200k cap. These include companies like Mercedes, Honda, Lucid, Mazda and Subaru.
And finally, the real competition for Tesla, gas cars, will not lose anything from the rescission of EV credits. Those cars will continue selling, they’ll just have a $7,500 advantage relative to today – on top of their advantage of each gas car being allowed to choke the world with $20,000+ in unpaid pollution costs, which show up on everyone’s hospital bills and health insurance premiums.
So that brings up an interesting point: when Tesla and its bad CEO Elon Musk threw their support behind all of this, what did they think they would get out of it?
But now it turns out that the situation is even worse for Tesla, because not only does Tesla’s gas competition get to keep the credits, but many electric competitors will get to keep them for some time as well.
But the oil companies, another competitor for Tesla, will continue to benefit from roughly $760 billion in subsidy per year in the US alone, in terms of the health and environmental costs they impose on society and do not pay for.
If that subsidy was ended alongside the $7,500 EV credit, then EVs would indeed come out on top. But instead of ending those massive subsidies to fossil fuels, republicans have proposed to increase them, by cutting down enforcement and loosening pollution limits, both through this tax bill and through other agency actions and proposals.
Further, the tax proposal unveiled today sunsets credits for many other products that Tesla sells. There are solar and home energy efficiency credits which Tesla takes advantage of through its Energy division, which sells solar and home battery systems to homeowners. These can be worth tens of thousands of dollars per installation, and those will go away if this proposal goes through.
So in the end, Tesla loses access to credits both on its cars and its Energy division, while its competitors get an even more beneficial regulatory environment to continue polluting. And even its electric competitors get a temporary leg up for the time being.
So, to those of you who wanted us to “trust the plan” – how, exactly, is this beneficial to Tesla, again?
Among the proposed cuts is the rooftop solar credit. That means you could have only until the end of this year to install rooftop solar on your home, before republicans raise the cost of doing so by an average of ~$10,000. So if you want to go solar, get started now, because these things take time and the system needs to be active before you file for the credit.
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China’s EV giant is on a roll. BYD is coming off its best sales week in China of 2025, racking up nearly 68,000 registrations. In comparison, Tesla logged just over 3,000.
BYD notches its best EV sales week of 2025
Another week, another impressive performance from BYD. Although most automakers saw higher sales for the week ending May 11, the company continues leading China’s EV market by a mile.
According to the latest insurance registration data (via CarNewsChina), BYD registered 67,980 vehicles from May 5 to May 11. That’s up 15% from the 58,310 registrations the previous week and BYD’s best sales week of 2025.
BYD’s premium sub-brands, Denza and Fang Cheng Bao, notched 2,990 and 2,660 registrations, respectively, up 3.8% and 17.7% from the prior week.
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NIO and XPeng posted stronger numbers last week in China, with 6,060 (+18.2%) and 6,870 (+23.8%) vehicle registrations. NIO’s new sub-brands are starting to gain traction. Onvo registered 1,660, and Firefly, which began deliveries on April 29, added 470 more.
BYD Seagull EV (Dolphin Mini overseas) Source: BYD)
During the week of May 5 to May 11, other Chinese EV brands, including Xiaomi, Deepal, and ZEEKR, also made strong showings. Xiaomi registered 5,180 vehicles of its sole EV, the SU7. Deepal registered 4,700 vehicles, and ZEEKR followed with 4,310.
Earlier today, Electrek reported that Tesla delivered just 3,070 vehicles in China last week, down 69% from the same week the prior year.
BYD’s wide-reaching electric vehicle portfolio (Source: BYD)
Tesla extended its 0% financing offer through June 30 to help drive demand and keep pace with BYD, SAIC, and others.
Electrek’s Take
Although EV sales were up 38% in China in April, Tesla’s fell 9% to 28,731. On the other hand, BYD sold over 380,000 new energy vehicles last month.
Those numbers include plug-in hybrids, but even if you look strictly at EV sales, BYD is leading Tesla and every automaker by a wide margin in China. Last month, BYD sold over 195,000 fully electric (EV) cars, the first time in over a year that BYD sold more EVs than PHEVs.
BYD’s overseas sales also hit a fifth straight month of growth, with over 79,000 vehicles sold. It outsold Tesla in key markets, including Germany (1,566 vs 855) and the UK (2,511 vs 512) in April.
Through April, the automaker has sold over 285,000 vehicles in overseas markets. With new manufacturing plans opening in Europe, Mexico, Brazil, Southeast Asia, and other global regions, BYD’s momentum is expected to accelerate over the next few years.
BYD is best known for its low-cost EVs, but it’s rapidly expanding into new segments with pickup trucks, luxury vehicles, and electric supercars rolling out.
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China has reclaimed the No. 1 spot on BloombergNEF’s annual Global Lithium-Ion Battery Supply Chain Ranking, bumping Canada to second place, as its low electricity prices and strong infrastructure gave it the edge in 2024.
The report ranks 30 countries based on how well they’re positioned to build a secure and sustainable battery supply chain, and this year’s reshuffling says a lot about where the market’s headed.
Canada, which had taken the lead in 2023, held onto a solid second-place finish, tied with the US. But while Canada is still a leader in battery raw materials and continues to attract investors with its stable political environment, it’s been slow to scale up battery manufacturing. That drop in momentum left the door open for China to reclaim its lead.
The US is facing its own set of challenges. The Inflation Reduction Act gave America’s battery industry a significant boost last year, but that progress is now under threat. Donald Trump’s latest tariffs and climate rollbacks are starting to push up costs for US battery makers. They’re also making the US less attractive to investors, which could slow down new projects and shrink domestic demand for EVs and storage systems.
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“Brazil and Indonesia registered the largest gains in the fifth edition of the ranking,” said Ellie Gomes-Callus, a metals and mining associate at BloombergNEF. “Growth across these emerging markets has been driven by surging demand and ambitious policy roadmaps. However, all eyes will be on the US this year, as it awaits the impact of the Trump administration’s trade policies.”
Japan and South Korea also climbed higher in the top 10. Their early lead in building out battery supply chains is still paying off, even as global competition heats up and profit margins shrink. Like China, they’ve managed to hold strong in all five of BloombergNEF’s scoring categories: raw materials, manufacturing, demand, ESG (environmental, social, and governance), and innovation.
Europe, on the other hand, is starting to slip. Out of 11 European countries in the ranking, only the Czech Republic and Turkey improved their standings this year. Five stayed the same, and four dropped. Hungary and Finland saw the biggest falls – seven and six spots, respectively. Hungary is now second-worst in Europe for ESG metrics, and Finland’s once-promising nickel and cobalt industries have lost steam, partly due to tough permitting rules. Case in point: BASF’s new battery component plant in Harjavalta has been delayed by permitting issues.
Without stronger government action and better support for manufacturers, Europe risks losing even more ground to fast-moving markets in South America and Southeast Asia.
The report also highlighted some other trends shaping the global battery race. Canada stayed strong overall but lost ground in manufacturing. A few major companies, including Ford, E-One Moli, and Umicore, have paused investments despite new government support, citing weaker-than-expected demand.
Meanwhile, Europe’s battery growth is slowing as capacity lags behind other regions and demand softens due to smaller market sizes and EV saturation in places like the Nordics. Countries in Eastern Europe and Scandinavia are falling behind as a result.
The raw materials side of the market isn’t looking great either. Supply is up, but demand is down. There’s too much material and not enough buyers. And while the market for mined metals is overflowing, refined battery metals tell a more mixed story. Still, one thing hasn’t changed: China remains the dominant force in refining, and it’s still leading the way in building new manufacturing capacity, even as other countries struggle to scale up.
Unless the US and Europe can course-correct quickly, they may find themselves watching from the sidelines as China and emerging economies lead the next phase of the global battery boom.
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