Lawsuit against power company alleges blown-over power lines led to wildfire spread

A lawsuit filed against Hawaii’s main electric provider alleges that electrified power lines blown over by high winds during Hurricane Dora led to the spread of the deadly Lahaina wildfire.

The complaint was filed Saturday by three law firms on behalf of a couple living in Lahaina against Hawaiian Electric Industries and three subsidiaries, including the power utility that services Maui.

Attorneys are asking a judge to certify the case as a class action suit covering everyone who lost property or was physically hurt in the Lahaina fire. 

“These power lines foreseeably ignited the fast-moving, deadly, and destructive Lahaina Fire, which destroyed homes, businesses, churches, schools, and historic cultural sites,” the lawsuit alleges.

Wildfire cause remains unknown: Maui Mayor Richard Bissen acknowledged Thursday that power lines that were “still energized” had fallen on the roads, but the new lawsuit does not state exactly how the power lines allegedly ignited the wildfire. An official cause of the wildfire has not yet been determined.

The fires on Maui started spreading widely Tuesday — fueled in part by violent winds from Hurricane Dora, churning more than 800 miles away — decimating homes and businesses, launching urgent rescue missions, knocking out power and communication services, and even forcing some people into the ocean to avoid being burned.

The allegations: The suit alleges that Hawaiian Electric Industries "chose not to deenergize their power lines during the High Wind Watch and Red Flag Warning conditions for Maui before the Lahaina Fire started," despite knowing the risks.

The company and subsidiaries "also chose not to deenergize their power lines after they knew some poles and lines had fallen and were in contact with the vegetation or the ground," the suit alleges.

Utility's response: Hawaiian Electric vice president Jim Kelly told CNN Sunday via email that, "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. 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," Kelly said.

Government officials in Hawaii repeatedly declined to say last week what could have been done to prevent the wildfire spread, saying that will be determined by a “comprehensive review” ordered by Hawaii Gov. Josh Green.