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Financewildfires

Lahaina locals close to $4 billion settlement over massive 2023 Maui wildfire, Hawaii Gov. Josh Green says

By
Audrey McAvoy
Audrey McAvoy
and
The Associated Press
The Associated Press
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By
Audrey McAvoy
Audrey McAvoy
and
The Associated Press
The Associated Press
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August 1, 2024, 6:02 AM ET
The aftermath of a wildfire in Lahaina, Hawaii, on Aug. 17, 2023.
The aftermath of a wildfire in Lahaina, Hawaii, on Aug. 17, 2023. Jae C. Hong—AP

The parties involved in Lahaina wildfire lawsuits against the state of Hawaii, Maui County and utilities are close to a global settlement of claims that will be worth a little over $4 billion, Gov. Josh Green told The Associated Press on Wednesday.

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Green said he’s hoping to finalize the details in coming days, perhaps as soon as Aug. 6, which would be two days before the one-year anniversary of the fire that killed 102 people and wiped out historic Lahaina.

“If that could happen, it would be great. I humbly invite all the parties to finalize the agreement,” Green said in an interview at his office. “It appears that we are almost there, and we only have a very tiny holdout remaining.”

He said all the plaintiffs and defendants have agreed to the global settlement number but final details are pending.

More than 600 lawsuits have been filed over the deaths and destruction caused by the fires. In the spring, a judge appointed mediators and ordered all parties to participate in settlement talks.

“Then on July 18, 2024, the Court, along with undoubtedly many others, learned for the first time details of what media reports purported to be a ‘global settlement,’” Judge Peter Cahill, who is overseeing the coordination of the lawsuits, wrote in a scheduling order last week. “These reports proved to be premature.”

Cahill noted that he hadn’t received any notice for any party “of any settlement let alone one of a global nature.” However, he also hadn’t been informed of any impasse in the negotiation process, he wrote.

Jake Lowenthal, a Maui attorney selected as one of five liaisons for the coordination of the cases, said Wednesday, “as of now, there’s no settlement.”

Hawaiian Electric Company spokesperson Darren Pai said in an email that the mediation process is confidential and the company would not comment. Maui County didn’t respond to an email seeking comment.

Jim Bickerton, a lawyer who filed the first lawsuit against Bishop Estate — one of the landowners sued over allegations of failing to maintain vegetation that fueled the fire — wouldn’t comment on the status of current negotiations. But he said, “Any settlement process would include a method for those who have not yet hired lawyers or made claims to have their claim be considered.”

Green said he was traveling out of state for several weeks but ended up working on the settlement while he was away because bringing $4 billion to Lahaina would accelerate the community’s recovery. Settlements of wildfire lawsuits elsewhere have often taken years.

“As I watched other regions that have gone through these disasters, I learned that they didn’t reach settlement for many years, and that left people in a tangled web of despair because they couldn’t really recover,” Green said.

Victims would get insurance, but it was never enough, the governor said.

“I acknowledge that the $3 billion that’s coming from insurance is very helpful,” Green said. “But the additional $4 billion of settlement will hopefully make it possible for people to rebuild however they feel they need to.”

In 2019, Pacific Gas and Electric settled all major claims related to deadly Northern California wildfires of 2017-2018 for $13.5 billion. The deal resolved claims over the 2018 Camp Fire, which killed 85 people and all but incinerated the town of Paradise, the 2015 Butte Fire and Oakland’s 2016 Ghost Ship fire.

Separately, three years later, former PG&E executives and directors agreed to pay $117 million to settle a lawsuit over 2017-2018 wildfires.

PG&E is the nation’s largest utility, with an estimated 16 million customers in central and Northern California.

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