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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.”

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Elon Musk claims Tesla protests are organized by Democrats without any proof whatsoever

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Elon Musk claims Tesla protests are organized by Democrats without any proof whatsoever

Elon Musk has claimed that the Democratic party organized recent protests at Tesla locations worldwide. As he usually does with his wild claims lately, he hasn’t offered any proof whatsoever.

Over the last few weeks, there have been growing protests at Tesla locations around the word.

It started small with just a few locations in the US, but it has since grown to now dozens of locations every weekend, with sometimes hundreds of people at some locations.

Protestors have different reasons for wanting to disrupt Tesla, but they are mostly centered around seeing the company as Elon Musk’s piggybank and they are upset at his involvement in the government through his financial contribution to Trump’s election and his role at the Department of Government Efficiency (DOGE).

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Musk took to X today to comment on the situation, and he made the claim that the protests at Tesla locations are funded by ActBlue:

An investigation has found 5 ActBlue-funded groups responsible for Tesla “protests”: Troublemakers, Disruption Project, Rise & Resist, Indivisible Project and Democratic Socialists of America. ActBlue funders include George Soros, Reid Hoffman, Herbert Sandler, Patricia Bauman, and Leah Hunt-Hendrix. ActBlue is currently under investigation for allowing foreign and illegal donations in criminal violation of campaign finance regulations. This week, 7 ActBlue senior officials resigned, including the associate general counsel.

ActBlue is a political action committee (PAC) used by the Democratic Party.

Musk did not elaborate on what “investigation” he was referring to nor did he provide any proof to back up his claim. In fact, he even asked for people to help provide information:

“If you know anything about this, please post in replies.”

Musk directly named Reid Hoffman, his former Paypal Mafia friend turned foe due to political differences, who was quick to deny any involvement:

Just one more of Elon’s false claims about me: I never funded anyone for Tesla protests. I don’t condone violence. But it’s clear Americans are angry at him – it’s easier to explain away their anger, than to accept that actions have consequences.

While the Democratic Party could be sympathetic to the Tesla protestors, there’s no evidence that they started the “Tesla Takedown” movement or have any significant involvement.

As we previously reported, it started as a grassroots movement with some posts on BlueSky, an X competitor, last month.

It has since gained considerable momentum, and they are now using Action Network, an open platform, to organize. As it grew, some groups have gotten involved to organize local protests, like The Disruption Project, which claims to stand “against the unjust systems of racial capitalism, the hetero-patriarchy, white supremacy and settler colonialism.”

In Seattle, The Troublemakers, a local environmentalist group, has also been helping organize.

The biggest blow to Musk’s claim is that there have also been protests outside the US, including in Canada and Europe. It’s unlikely that the US Democratic party would be involved in those.

There are currently six protests planned in Europe by the “Tesla Takedown” in the coming weeks:

Musk has also been involved in European politics, promoting far-right parties throughout Europe.

Along with the claims about the Tesla protests, Musk also retweeted someone linking several Cybertrucks burning down at a Tesla location in Seattle to “Democrat NGOs”:

Again, this claim is without evidence. In fact, the fires are still under investigation and it hasn’t yet been confirmed if it was arson.

Electrek’s Take

Could the Democratic Party be involved in some of the protests? It wouldn’t shock me, but you can claim that without proof.

I think most people involved in the protests are just mad at Elon for any of the hundreds of stupid things he has done or said in the last few months, including doing a couple of Nazi salutes at Trump’s inauguration.

He prefers to think that there’s some grand conspiracy against him because that’s easier to swallow than people hating home for being a compulsive liar, oligarch dork with the sense of humor of a maladjusted 13-year-old.

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Elon wants to rebuild exploded Cybertruck, Canadian cons, other bizarre EV news

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Elon wants to rebuild exploded Cybertruck, Canadian cons, other bizarre EV news

On today’s challenging episode of Quick Charge, Elon seems serious about rebuilding the Cybertruck that exploded outside the Trump hotel in Las Vegas. Meanwhile, there are questions about Tesla’s record-setting weekend in Canada, and lots, lots more.

In other news, we’ve got a hot tub you can sail around a lake, a 140-ton electric hoverboard from Liebherr, a $1,000 electric pickup from China, questions about the effectiveness of EV rebates in general, and a 0% interest deal on an all-new electric Dodge Charger Daytona.

Prefer listening to your podcasts? Audio-only versions of Quick Charge are now available on Apple PodcastsSpotifyTuneIn, and our RSS feed for Overcast and other podcast players.

New episodes of Quick Charge are recorded, usually, Monday through Thursday (and sometimes Sunday). We’ll be posting bonus audio content from time to time as well, so be sure to follow and subscribe so you don’t miss a minute of Electrek’s high-voltage daily news.

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Got news? Let us know!
Drop us a line at tips@electrek.co. You can also rate us on Apple Podcasts and Spotify, or recommend us in Overcast to help more people discover the show.

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U.S. could reach deal with Canada that avoids oil and gas tariffs, energy secretary says

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U.S. could reach deal with Canada that avoids oil and gas tariffs, energy secretary says

Energy Sec. Wright: We can get to no or very low tariffs, but it's got to be reciprocal

HOUSTON — The U.S. could reach an agreement with Canada that avoids tariffs on imports of oil, gas and other energy resources, Energy Secretary Chris Wright said Monday.

Wright said such a scenario is “certainly is possible” but “it’s too early to say” in response to a question from CNBC during a press conference at the CERAWeek by S&P Global. The U.S. is in “active dialogue” with Canada and Mexico, the energy secretary said.

President Donald Trump has paused until April 2 tariffs on Mexican and Canadian imports that are compliant with the agreement which governs trade in North America. Trump originally imposed broad 25% tariffs on goods from both countries as well as lesser 10% tariffs on energy imports from Canada.

It’s unclear, however, how much of the oil, gas and other energy that the U.S. imports from Canada is compliant with the United States-Mexico-Canada Agreement. Wright declined to provide specifics when CNBC asked how much of those imports are USMCA compliant.

“I’m going to avoid the details for now,” Wright said. The energy secretary said, “We can get to no tariffs or very low tariffs but it’s got to be reciprocal” in an interview with CNBC’s Brian Sullivan.

Canada’s energy minister, Jonathan Wilkinson, warned last week that energy prices will rise in the U.S. if the tariffs on energy imports go into full effect.

“We will see higher gasoline prices as a function of energy, higher electricity prices from hydroelectricity from Canada, higher home heating prices associated with natural gas that comes from Canada and higher automobile prices,” Wilkinson told CNBC’s Megan Cassella in an interview.

The U.S. has been the largest producer of crude oil and natural gas in the world for years. But many refiners in the U.S. are dependent on heavy crude imported from Canada. The U.S. imported 6.6 million barrels of crude oil per day on average in December, more than 60% of which came from Canada, according to the Energy Information Administration.

Wright acknowledged that the tariffs are creating uncertainty in energy markets as negotiations continue.

“We’re in the middle of negotiations for where things are going to go with tariffs, so that feels frightening and gripping right now but this time will pass,” Wright said. “Deals will be made, we’ll get certainty and we’ll have a positive economic environment for Americans going forward.”

U.S. crude oil fell more than 1% Monday to close at $66.03 per barrel, while global benchmark Brent closed at $69.28 per barrel. Crude oil futures have pulled back substantially as Trump’s trade policy creates uncertainty and OPEC+ has confirmed that it plans to gradually bring back 2.2 million barrels per day of production beginning next month.

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