Texas Attorney General Ken Paxton has launched an investigation into several utility companies linked to last year’s destructive Smokehouse Creek and Windy Deuce fires, stating that they “possibly” prioritized environmental, social, and governance (ESG) or diversity, equity, and inclusion (DEI) agendas over safety and necessary maintenance.
Newsweek has reached out to Paxton’s office and the two listed utility companies for comment via email on Friday.
Why It Matters
Paxton, an ally of President Donald Trump who has launched a bid for the U.S. Senate in 2026, is an outspoken critic of DEI initiatives, which he has labeled “woke” and “discriminatory” policies.
The Smokehouse Creek fire, which ignited in late February 2024, burned over one million acres, making it the state’s largest wildfire.
It scorched large swathes of Texas, killing thousands of livestock and downing hundreds of structures. Xcel Energy, a utility provider, said at the time that its facilities “appear to have been involved in an ignition of the Smokehouse Creek fire,” while a Texas House committee confirmed a utility pole broke, exposing open power wires to dry grasses, sparking the flame.
What To Know
In a Friday press release, Paxton said his office is investigating several utility companies in relation to the fires, which caused severe ecological and infrastructure damage.
He noted that nearby power facilities contributed to the outbreak, and some of these “companies may have acted negligently by failing to conduct necessary infrastructure maintenance and possibly prioritizing environmental, social, and governance (“ESG”) or diversity, equity, and inclusion (“DEI”) agendas over safety.”
Specifically, the office has issued civil investigative demand letters to utility companies Xcel Energy, it’s subsidy Southwestern Public Services Company, and Osmose Utilities Services.
AP Photo/David Erickson
“It is unconscionable that utility companies might have sacrificed infrastructure maintenance, public safety, and the well-being of our Texas communities for radical ESG and DEI goals,” he said in the press release.
“If any companies connected to these devastating fires have violated Texas law, they will be held accountable. We will not stop fighting for those who were victimized by these fires,” he concluded.
Trump and his supporters have made dismantling DEI programs across the federal government a cornerstone of their political agenda, including signing executive orders on the matter. In response, major corporations have scaled back or eliminated their DEI programs.
The investigation has been applauded by conservative groups like The Institute for Legislative Analysis (ILA), the Christian Employers Alliance (CEA), and the Center to Protect Ranchers (CPR).
What People Are Saying
Bram Browder, Director of the Center to Protect Ranchers, said in a Friday press release: “Ranchers are typically the most severely impacted by wildfires. This investigation is critical not only to exposing the real-world consequences of Xcel’s radical DEI and ESG frameworks, but also to holding the company accountable for promises made over a year ago to compensate victims. Many of these ranchers lost generational farms—they simply can’t wait any longer.”
Xcel Energy said in a March 2024 press release: “Xcel Energy has been cooperating with the investigations into the wildfires and has been conducting its own review. Based on currently available information, Xcel Energy acknowledges that its facilities appear to have been involved in an ignition of the Smokehouse Creek fire.
Xcel Energy disputes claims that it acted negligently in maintaining and operating its infrastructure; however, we encourage people who had property destroyed by or livestock lost in the Smokehouse Creek fire to submit a claim to Xcel Energy through our claims process.”
What Happens Next
Paxton and his team have requested documents from Xcel Energy, it’s subsidy Southwestern Public Services Company, and Osmose Utilities Services, related to the fires to determine if any Texas state laws were violated.