Hawaiian Electric Co. Says It's Maui County's Fault, Fire Destroyed Much of Lahaina

Hawaiian Electric Industries and its utility subsidiaries are fighting back against Maui County with a court filing alleging that the county's, not the company's, failures allowed wildfires to ravage Lahaina in August, killing 101 people and causing damage estimated at $5 billion.

The counterclaims filed Friday by HEI mark the utility holding company's first formal response to a lawsuit Maui County filed in state court against the company in late August. The counterclaim provides relatively little new information regarding the fires.

But it weaves existing information — including details presented in a recent report from Hawaii Attorney General Anne Lopez — into a narrative far different from the prevailing one, with a new main villain.

Unlike the hundreds of fire-related lawsuits filed so far, which placed blame on HEI and its subsidiaries, this version blames Maui County.

“While Lahaina was still smoldering, many, including Maui County, were quick to place blame for the fire on Hawaiian Electric,” the document filed in Maui state court says. “But over time, the truth has emerged: It is Maui County that bears responsibility for the devastation caused to West Maui on August 8 in many, often unrelated, ways.”

“By failing to act within its authority to abate invasive vegetation, failing to properly plan for an emergency, clumsy emergency response, and other means described herein,” the document states , “the county caused this tragedy.”

Company executives said the county left HEI with no choice but to respond to defend itself, its employees and its shareholders.

“On August 24, just 16 days after the fires, Maui County filed suit against HEI and Hawaiian Electric. While others focused on restoration efforts and caring for those affected by the fires, the county was rushing to court to shift blame,” said Jim Kelly, Hawaiian Electric Co. vice president for government and community relations and corporate communications. “It wasn't the path we would have chosen, but they put us in this position to demonstrate accountability through the legal process. »

Maui County Attorney Rick Fried said Maui Circuit Court Judge Peter Cahill imposed a Friday deadline for parties to file counterclaims. It was therefore not surprising that HEI filed a complaint at that time, “out of an abundance of caution.”

Fried said the county sued HEI and its affiliates because the evidence indicates HECO is responsible for starting the fires.

The county's priority is rebuilding Lahaina, and HECO is part of that effort, Fried said, emphasizing that the county and company are cooperating despite the litigation.

Document accuses firefighters of leaving the scene of the fire prematurely

The 41-page court filing outlines four areas of alleged deficiencies by the county: failure to manage invasive vegetation and grasses, plan for emergencies, maintain adequate water systems and respond to fires. The alleged failure to respond adequately includes leaving the scene of a fire prematurely and failing to adequately manage an evacuation, as HEI claims.

The document focuses in part on an early morning fire that HEI acknowledges started when a downed power line ignited dry grass in the early hours of August 8. Lopez's investigation, conducted by the Underwriters Laboratory's Fire Safety Research Institute, determined that firefighters reported the early morning fire. turned off at 2:17 p.m. and left the scene. Less than 40 minutes later, firefighters were sent back to the scene to battle what is known as the Afternoon Fire, which started in a ravine and ravaged much of Lahaina.

Authorities have not determined whether the afternoon fire was a second, separate fire that coincidentally broke out in the same area as the morning fire or whether it was simply a continuation of the morning fire.

An official cause is expected to be included in Maui County's report on the cause and origin of the fire, which the county is preparing with the federal Bureau of Alcohol, Tobacco, Firearms and Explosives.

If it is true that the afternoon fire was a continuation of the first, HEI contends, it was the county's responsibility for announcing that the fire had been extinguished and moving away, allowing thus allowing the fire to start again.

“If this is true, then the county abandoned the scene of a fire that it either failed to extinguish, or mistakenly determined was extinguished,” HEI states. “If the second fire was a resurgence of the Morning Fire, it was a direct result of the county's lack of preparation, poor emergency process, and the deliberate and reckless decision to leave the area of ​​the first fire.”

HEI also faults the county for failing to reduce invasive grasses known to pose wildfire risks.

“Prior to August 8, the County never took significant action to combat the accumulation of invasive grasses on public or private property, despite the County's widely documented knowledge of the potentially catastrophic consequences of failing to do so,” the company said.

HEI recognizes that Maui's first responders made valiant efforts to save the city. But, HEI says, the government has failed.

“While the county’s firefighters, police officers and other first responders attempted to fight the fires on August 8, they were hampered by the county’s failure to plan for such an event or equip them with the appropriate equipment,” Kelly said.

Civil Beat's coverage of Maui County is funded in part by a grant from the Nuestro Futuro Foundation.