Oregon County Sues Fossil Fuel Companies Over Fatal 2021 Northwest Heat Wave

Oregon’s Multnomah County has recently taken legal action by filing a lawsuit accusing fossil fuel companies and industry supporters of being responsible for the deadly 2021 heat wave that claimed numerous lives in the Pacific Northwest.

According to the lawsuit filed in a circuit court, the county claims that the heat dome was not a natural occurrence but rather a direct and predictable consequence of the fossil fuel companies’ decades-long efforts to maximize the sale of their products while allegedly deceiving the public about their harmful effects.

The lawsuit specifically points to the death of 69 individuals during the heat wave, which caused temperatures to soar across the region for several weeks. Multnomah County experienced extreme temperatures, reaching highs of 108, 112, and 116 degrees during the most intense 3-day period.

Among the 17 defendants named in the lawsuit are major fossil fuel companies like Exxon Mobil, Shell, Chevron, and the Western States Petroleum Association.

This legal action marks the 36th instance of a municipality suing fossil fuel companies over alleged damages linked to climate change, as reported by the Center for Climate Integrity. However, this lawsuit is unique as it is the first to connect a specific event, the 2021 heat dome, to climate change and hold the defendants accountable for exacerbating its impacts.

Climate experts assert that the June 2021 heat wave, which had devastating consequences, including loss of life and extensive damage, would have been highly unlikely without the influence of climate change. A peer-reviewed study indicates that the event was at least 150 times less probable in the absence of significant global temperature increases resulting from human activity.

The Pacific Northwest region, unaccustomed to extreme heat, faced severe impacts during the heat wave, aggravated by the lack of widespread air conditioning in many communities. The scorching temperatures caused infrastructure damage, led to the deaths of wildlife such as baby birds, and resulted in the mass mortality of marine creatures along the coastline. Emergency departments were overwhelmed by the influx of patients suffering from heat-related illnesses.

In addition to the fatalities in Oregon, Washington state and British Columbia also experienced a significant loss of life during the heat wave, as reported by studies conducted by a University of Washington professor and Canadian officials, respectively.

Multnomah County has initiated legal action seeking $50 million in damages, $1.5 billion in future damages, and the establishment of a $50 billion abatement fund. The purpose of the fund would be to “weatherize” the county and prepare for future adversities resulting from global warming attributed to fossil fuel consumption.

The lawsuit highlights that the record-breaking heat wave necessitated emergency assistance for hundreds of individuals, contributed to an increase in criminal activities, and compelled the county to allocate taxpayer funds for various support measures, including shelter, cooling centers, fans, food, portable air conditioners, clothing, and water.

Following the heat wave, Multnomah County has incurred additional expenses in storing supplies, expanding shelter capacity, and preparing for future heat waves, among other measures.

However, the county asserts that it still lacks sufficient resources to adequately prepare for similar or more severe heat extremes.

In response to the lawsuit, a spokesperson for Exxon Mobil commented that such legal actions only consume time and resources without addressing the issue of climate change. The spokesperson emphasized the company’s commitment to investing billions of dollars in a responsible energy transition towards achieving net-zero carbon emissions.

The Western States Petroleum Association, which includes some of the defendants in the lawsuit, and Shell did not immediately provide a response to requests for comments.

Chevron Corporation’s counsel, Theodore J. Boutrous Jr. of Gibson, Dunn and Crutcher, stated that lawsuits of this nature are counterproductive distractions from advancing international policy solutions.

Multnomah County’s board of commissioners approved the lawsuit during a weekly meeting. The county has engaged external legal representation for the case and will only incur legal fees if it obtains a favorable judgment, according to meeting documents.