Latest suit against Hawaiian Electric claims toxic pollution

Legal claims filed against Hawaiian Electric over the Aug. 8 Lahaina wildfire have expanded beyond damages for death, direct fire injuries and property damage.

A law firm filed a complaint Tuesday in state court seeking class-action status to represent people who were injured or become injured from exposure to toxic air, soil or water pollutants as a result of the fire.

Singleton Schreiber, a California-based law firm with an office on Maui, filed the lawsuit on behalf of Maui resident Gilberto Sanchez, who the complaint said was exposed to air pollutants as a result of the Lahaina fire.

No cause of the fire has been determined. Hawaiian Electric has declined to comment on pending litigation.

At least eight lawsuits have been filed against the company and its affiliates — serving 95% of Hawaii’s population — over claims that the utility is responsible for the deadliest U.S. wildfire in over a century.

To date, remains of at least 115 people have been recovered in the burn area covering almost all of Lahaina, and about 2,220 buildings were destroyed. More than 1,000 people remained unaccounted for as of Wednesday. An additional roughly 500 structures were damaged, and the value of property losses is estimated at $5.6 billion.

One of the earlier lawsuits also was filed by Singleton Schreiber, and is on behalf of four people who lost their homes or business in the fire.

The Sanchez case alleges that smoke from the fire contained ash and soot with toxic chemicals and harmful volatile organic compounds, including asbestos, lead, benzene and arsenic that were released from burning buildings, gas stations, vehicles, boats, pipes, propane tanks and other things containing plastic, rubber, dyes, detergents, paint, lead, metals and other materials.

Such pollutants, according to the complaint, have and will continue to plague Maui residents for months and years to come.

“Consequently, plaintiffs and all class members reasonably require present and future medical monitoring to ensure early detection of any and all cancers, diseases, or illnesses caused from exposure to air pollutants,” the complaint said. “It is well-known that many of these serious conditions can be asymptomatic in the patient prior to the manifestation of significant and sometimes fatal injuries.”

The lawsuit seeks to have a court-supervised medical monitoring program for any approved class members that is paid for by Hawaiian Electric.

Gerald Singleton, the law firm’s managing partner, said in a statement that more than 330,000 people die worldwide prematurely each year from a primary cause of wildfire smoke.

“While the fire poses an immediate threat, the smoke carries poisons in the air for days and weeks after a fire is put out,” he said. “Coupled with the significantly tainted water supply, the people of Maui will be living with this man-made disaster for the rest of their lives.”

Paul Starita, another attorney at the firm, said in a statement that instances of wrongful death tied to the fire over the next decade are likely to dwarf the final count of people who died Aug. 8 in the fire.

“This environmental disaster will impact people of all ages and walks of life,” Starita said. “The air and water were poisoned because these utility companies could not do the basic job of managing their equipment.”

The complaint alleges that health impacts of air pollutants from the wildfire are on the same order of magnitude, or possibly even greater, than firefighting costs and property damage.