As climate lawsuits advance, the oil industry enters ‘panic mode’

Could the oil industry be held responsible for fueling the extreme heat that led to a woman’s death?

That’s the question at the heart of a novel lawsuit in Washington state. Misti Leon’s mother died from overheating during the hottest day in state history in June 2021, when temperatures climbed to 108 degrees Fahrenheit. Scientists said the unusual heat dome that descended on the Pacific Northwest would have been “virtually impossible” without climate change. So last year, Leon sued Exxon Mobil, BP, Chevron, Shell, and other oil majors for wrongful death, alleging that they had known for decades that fossil fuel emissions would lead to destructive consequences, but deceived the public about it, delaying action that could have prevented her mother’s death. An estimated 1,200 people in the region perished from the heat during that simmering week in June.

Earlier this month, a King County judge ruled against the oil companies’ motions to dismiss Leon’s lawsuit, allowing it to proceed toward trial. The ruling was a signal that this kind of case has merit, said Mike Meno, the communications director at the Center for Climate Integrity, a nonprofit supporting climate accountability cases. “It’s the latest type of legal liability that the oil companies are absolutely terrified of and are going to fight like hell to try to escape,” he said.

More than a decade after investigations found that Exxon Mobil had known about the dangers of global warming since the 1970s but publicly downplayed the threat, lawsuits against oil companies have proliferated. There are nearly 40 of these cases pending across the country, according to Margaret Barry, who manages a climate litigation database at Columbia Law School’s Sabin Center. After years of delay tactics from the oil industry, at least five of these lawsuits — from Massachusetts, Vermont, Connecticut, the District of Columbia, and Honolulu — have proceeded to the discovery stage, in which both sides try to uncover evidence to…