First wrongful death case targeting fossil fuel companies over their role in global warming
As an unusual heat dome sent temperatures in the Pacific Northwest soaring to 108 degrees Fahrenheit on June 28, 2021, Juliana Leon pulled her car over and rolled down the windows, overwhelmed by the heat.
Hours later, when emergency medical workers reached Ms. Leon, she had died of hyperthermia, or overheating. Her internal body temperature was 110 degrees Fahrenheit, according to court documents.
On Wednesday, Ms. Leon’s daughter, Misti, sued seven oil and gas companies, claiming wrongful death. The suit alleges that they failed to warn the public of the dangers of the planet-warming emissions produced by their products and that they funded decades-long campaigns to obscure the scientific consensus on global warming.
The case represents a major escalation in the growing efforts to hold fossil fuel companies accountable for climate change.
Cities and states have been bringing climate lawsuits against big oil and gas producers for years now, claiming they engaged in deceptive marketing, fraud and even racketeering.
But experts said Ms. Leon’s case, filed in state court in Washington, was the first time that fossil fuel companies have been sued over the death of an individual as a result of conditions caused by man-made climate change.
The companies named in the complaint are Exxon Mobil, Chevron, Shell, BP, ConocoPhillips, Phillips 66 and Olympic Pipeline Company, a subsidiary managed by BP.
In a statement, Theodore J. Boutrous, Jr., counsel for Chevron, said the court “should add this far-fetched claim to the growing list of meritless climate lawsuits that state and federal courts have already dismissed.”
Phillips 66 said it did not comment on pending litigation. None of the other companies named in the suit responded to requests for comment. In previous cases, oil and gas companies have asserted that they cannot be held liable for the monetary damages caused by global warming.
In the complaint, Ms. Leon’s attorneys lay out a well-established set of facts: that the oil and gas companies knew for decades that their products would dangerously alter the planet’s atmosphere, that they continued to produce those products despite knowing the risks, and that they worked to suppress public awareness of these dangers.
Numerous independent investigations, including recent inquiries by Congress, have revealed that many major oil companies and their trade groups spread disinformation about climate change and worked to hold back the clean energy industry.
And scientists around the world overwhelmingly agree that fossil fuel emissions have caused significant planetary warming in recent decades.
Average global temperatures in 2024 were more than 1.5 degrees Celsius, or 2.7 degrees Fahrenheit, higher than those the planet experienced at the start of the industrial age, leading to extreme heat, violent weather, rising seas and melting glaciers.
The broad outlines of that story are often cited in legal complaints against fossil fuel companies. But until now, no case has tried to hold corporations liable for a specific death tied to a weather event.
Legal scholars have been anticipating the filing of a case like this for years. In 2023, a paper published in the Harvard Environmental Law Review made the case that prosecutors could charge oil companies with criminal homicide and “every type of homicide short of first-degree murder.”
While Ms. Leon’s complaint is civil, rather than criminal, it follows a similar logic.
“There’s a reasonable framework for a complaint,” said Cindy Cho, a former federal prosecutor who now teaches law at Indiana University Bloomington and is not involved in the case. “You have a chain of causation, and yes, you have to back it up with that evidence. But the allegations, taken at face value, are reasonable.”
The heat dome that scorched the Pacific Northwest in 2021 would have been “virtually impossible” were it not for man-made climate change, according to researchers with World Weather Attribution, an international group of scientists and meteorologists.
As a result of the heat dome, a phenomenon that occurs when high pressure traps hot air over a large area for an extended period, about 600 more people died in Oregon and Washington than would have been typical for a week in late June, a New York Times analysis found. [Continue reading…]