Trial over Xcel’s liability in the Marshall Fire begins this week
The Marshall Fire trial marks a pivotal moment for Colorado wildfire accountability. As proceedings unfold against Xcel Energy, the Marshall Fire case brings unprecedented legal scrutiny to utility liability. With over 4,000 Marshall Fire victims seeking justice, this Marshall Fire litigation could reshape how power companies manage wildfire risk across the state.
Update, Sept. 24, 2025: Xcel and two telecom companies agreed to a $640 million settlement in the Marshall Fire lawsuits. The trial was canceled.
A trial over Xcel Energy’s potential liability in the 2021 Marshall Fire, Colorado’s most destructive wildfire, begins this week.
The trial, expected to last about two months, involves more than 4,000 plaintiffs, including homeowners, business owners and insurance companies. They argue Xcel is responsible for one of two fires that merged on Dec. 30, 2021, leaving the utility exposed to hundreds of millions of dollars in potential damages.
Investigators traced one ignition to smoldering embers from a controlled burn on the property of the Twelve Tribes, a religious sect, according to a report from local law enforcement. The other fire began about an hour later near the Marshall Mesa Trailhead, where winds up to 100 mph allegedly knocked an Xcel power line loose from its insulator, releasing hot particles that ignited dry grass.
Plaintiffs say Xcel was negligent for failing to maintain its equipment and surrounding vegetation and for not shutting off power during dangerous wind conditions. Xcel has denied that its power lines caused the fire, arguing that evidence of a power line fire alone does not prove negligence. If found liable, a separate proceeding will determine damages. Plaintiffs are seeking compensation for destroyed property, smoke damage, evacuation costs, lost income and emotional distress, among other consequences of the fire.
Xcel has prepared thousands of exhibits for the trial, which is likely to feature detailed testimony on fire science, weather and the power grid. Jury selection is expected to take the first two days, with opening statements scheduled for next week. The trial is set to be livestreamed from courtroom G beginning Sept. 25 at 8 a.m.
Related
Related reading: Colorado adventure home protection · mountain living safety tips · environmental stewardship Colorado volunteers · natural hazard disclosure requirements
