Oregon county sues oil companies over deadly 2021 heat wave

Oregon’s Multnomah County on Thursday sued 17 oil companies and related institutions, alleging pollution from fossil fuels contributed to a 2021 heat wave that killed dozens of Oregonians.

The county saw three of its hottest recorded days during the heat wave in 2021, with temperatures hitting 108, 112 and 116 degrees Fahrenheit. At least 69 residents died after a “heat dome” of hot ocean air trapped in the atmosphere contributed to intense heat.

Portland, which is in Multnomah County, saw a majority of the 69 overall deaths in the state attributed to the heat dome.

County officials cite a study by the group World Weather Attribution, which determined the extreme heat would have been “virtually impossible” without human-caused climate change.

The lawsuit names ExxonMobil, Shell, Chevron, BP, ConocoPhillips, Motiva, Occidental Petroleum, Space Age Fuel, Valero Energy, Total Specialties USA, Marathon Petroleum, Peabody Energy and Koch Industries, as well as two trade groups — the American Petroleum Institute (API) and the Western States Petroleum Association — along with consulting firm McKinsey & Company. It also names Anadarko Petroleum, which was acquired by Occidental in 2019.

“This lawsuit is about accountability and fairness, and I believe the people of Multnomah County deserve both. These businesses knew their products were unsafe and harmful, and they lied about it,” said Jessica Vega Pederson, chair of Multnomah County. “They have profited massively from their lies and left the rest of us to suffer the consequences and pay for the damages. We say enough is enough.”

County officials are seeking more than $50 billion in damages, including funds to prepare for future climate impacts, from the plaintiffs.

Thirty-five municipalities, seven states and the District of Columbia have previously sued the oil industry for the impacts of climate change, according to the Center for Climate Integrity.

The lawsuits have incorporated a number of different legal theories and approaches, including consumer protection, product liability and the Racketeer Influenced and Corrupt Organizations Act.

The Multnomah County suit specifically accuses the defendants of negligence and fraud and of creating a public nuisance.

“There are no new laws or novel theories being asserted here,” Jeffrey Simon, a partner at the firm of Simon Greenstone Panatier, PC, which the county has retained, said in a statement. “We contend that the Defendants broke long-standing ones, and we will prove it to a jury.”

Those named in the lawsuit have panned the effort.

“This ongoing, coordinated campaign to wage meritless lawsuits against our industry is nothing more than a distraction from important issues and an enormous waste of taxpayer resources,” Ryan Meyers, API senior vice president and general counsel, said in a statement to The Hill. “Climate policy is for Congress to debate and decide, not the court system.”

“Addressing climate change requires a collaborative, society-wide approach,” a Shell spokesperson told The Hill. “We do not believe the courtroom is the right venue to address climate change, but that smart policy from government and action from all sectors is the appropriate way to reach solutions and drive progress.”

“Addressing the challenge of global climate change requires a coordinated policy response. These lawsuits are counterproductive distractions from advancing international policy solutions,” Theodore Boutrous of Gibson, Dunn and Crutcher, counsel for Chevron, said in a statement. “The federal Constitution bars these novel, baseless claims that target one industry and group of companies engaged in lawful activity that provides tremendous benefits to society. ”

A ConocoPhillips spokesperson said the company does not comment on ongoing litigation.

The Hill has reached out to other defendants for comment.

— Updated at 12:22 p.m.