FILE - Exxon Mobil Billings Refinery sits in Billings, Mont. A Multnomah County Circuit Court judge denied fossil fuel companies' attempt to dismiss the county’s nearly $52 billion dollar climate accountability lawsuit against companies including ExxonMobil.
Matt Brown / AP
Multnomah County’s multibillion-dollar climate accountability lawsuit is set to move forward after a judge denied attempts by major oil companies to dismiss the case.
A separate case out of Colorado could still ultimately upend the county’s lawsuit if the U.S. Supreme Court rules against efforts by local governments to hold energy giants accountable for climate change.
But a ruling this week by Multnomah County Circuit Court Judge Adele J. Ridenour clears the way for the county’s nearly $52 billion climate accountability lawsuit to proceed in Oregon state court.
The lawsuit, which was filed more than three years ago, seeks to hold more than a dozen fossil fuel companies accountable for heat dome event in 2021, as well as damages and future costs for climate adaptation. The lawsuit alleges companies including Shell, Chevron, BP and ExxonMobil — some of the largest oil and gas companies in the world — knew the dangers of the burning of fossil fuels and its contribution to climate change.
FILE - A list of the names of people who died during a massive heat wave in 2021. Multnomah County is suing major oil and gas companies for contributing to climate change that led to that year's extreme heat.
April Ehrlich / OPB
Multnomah County’s lawsuit stems from a 2021 heat dome event when temperatures soared as high as 116 degrees Fahrenheit in Portland. Nearly 100 people died of heat-related illness, most of them found alone in homes with no air-conditioning units.
The county’s lawsuit seeks to hold these companies accountable for their contributions to climate change and a warming planet. It alleges the companies sowed doubt about the effects of burning fossil fuels in an effort to sell more oil and gas.
The companies fought back, arguing the federal Clean Air Act preempts the county’s lawsuit. They claimed the county cannot regulate interstate or international emissions. But Ridenour rejected those claims.
On Monday, Ridenour denied 20 out of 21 motions to dismiss filed by fossil fuel companies earlier this year. Valero Energy was the only company whose motion to dismiss was granted. Ridenour found the county did not have enough evidence against the company and dismissed it from the case.
“The Court validated what we have been saying from day one,” Multnomah County Chair Jessica Vega Pederson said in a statement. “This case deserves to be heard on the merits, and Multnomah County wants its day in court.”
Attorney Theodore J. Boutrous, who represents Chevron Corporation, said the court’s order runs counter to similar climate lawsuits in federal and state courts.
“Those courts have held that claims based on interstate and global emissions are precluded and preempted by federal law and must be dismissed under Supreme Court precedent,” Boutrous said. “We look forward to the Supreme Court’s pending review of the issue in a similar case.”
OPB reached out to several other companies for comments but has not heard back.
Roger Worthington, one of the attorneys for Multnomah County, said he was pleased with the court’s analysis and rulings.
“The County brought this case on behalf of its residents for harms that should be redressed by a Multnomah County jury in an Oregon state court under Oregon state law,” he said in a statement. “As we’ve said from the outset, the County looks forward to presenting the facts to a jury, who we will ask to decide whether the deceptive polluters or the taxpayers should pay for the escalating and devastating social, economic, public health and environmental costs of climate change.”
The case now proceeds in Multnomah County Circuit Court.
Multi-billion-dollar lawsuit
FILE - Multnomah County Chair Jessica Vega Pederson, right, and District Attorney Mike Schmidt hold signs announcing the county's lawsuit against fossil fuel companies in Portland, Ore., Thursday, June 22, 2023.
Monica Samayoa / OPB
Multnomah County is seeking $50 million in actual damages for the 2021 heat dome, $1.5 billion in future damages and $50 billion to better prepare for the changing climate. The county has previously said it wants to conduct studies, upgrade public infrastructure and healthcare services, and safeguard residents from extreme weather events.
For decades, scientists have stated the burning of fossil fuels contributes to climate change, which makes extreme weather events like heatwaves, drought and wildfires much worse.
A recent United Nations report says the world temperatures are on track to increase by 5 degrees Fahrenheit this century, which will cause catastrophic weather events.
In Oregon, those impacts are being felt. The state has already increased by about 2.4 degrees Fahrenheit since 1970.
An Oregon Health Authority report said the state is experiencing at least double the number of extreme heat days and triple the number of days where wildfire smoke is present. When those are combined, the state is experiencing quadruple the number of days with both extreme heat and smoke, compared to two decades ago.
Multnomah County’s effort to hold fossil fuel companies accountable for heat and deaths linked to climate change is proceeding parallel to a lawsuit Boulder County and the city of Boulder, Colorado, filed against fossil fuel companies Suncor Energy and ExxonMobil.
Those jurisdictions argue the companies deceived the public about fossil fuel risks and their impact on the climate.
They are also seeking damages from the companies to pay for climate-related damages.
The case has made its way to the U.S. Supreme Court and a decision is expected next year.
