Multnomah County’s multibillion-dollar climate accountability lawsuit against some of the world’s

Portland’s $51 Billion Lawsuit Against Big Oil Just Survived Its Biggest Legal Hurdle

Multnomah County’s multibillion-dollar climate accountability lawsuit against some of the world’s largest fossil fuel companies may now continue after an Oregon judge turned down almost all of the industry’s requests to dismiss the case. OPB reported that on Monday, Multnomah County Circuit Court Judge Adele J. Ridenour denied 20 out of 21 motions to dismiss filed by defendants including ExxonMobil, Chevron, Shell, and BP.

This isn’t just a legal battle; it’s a direct confrontation over who pays for the escalating costs of a warming planet. The lawsuit, filed in June 2023, hinges on a single, devastating event: the 2021 heat dome that pushed temperatures in Portland to a staggering 116 degrees Fahrenheit and claimed nearly 100 lives, most of whom were found alone in homes without air conditioning. The Spokesman-Review noted the heat dome killed 69 people specifically in Multnomah County, an area known for its mild summer weather, a fact that underscores the unprecedented nature of the disaster.

The Deception at the Heart of the Case

The county’s argument is not merely about the existence of climate change, but about the alleged decades-long deception by the fossil fuel industry. Multnomah County alleges these companies knew, for years, the dangers of burning fossil fuels and their contribution to climate change, yet deliberately sowed public doubt to sell more oil and gas. Oregon Capital Chronicle reports the county claims the companies collectively spent billions to market their products as safe while simultaneously burying and undermining the science that showed their products would drive catastrophic levels of greenhouse gases into the atmosphere. The lawsuit frames the issue as one of fraud and deceit, not just pollution.

Multnomah County commissioners sue fossil fuel companies over 2021 heat dome, climate change

“Did the defendants engage in deceptive practices designed to sell more oil, and in so doing, try to convince the public that climate change was a hoax? That they had no involvement? And then, did they engage in greenwashing efforts to convince the public that they’re actually working on the problem when they’re really not?”

Roger Worthington, attorney for Multnomah County, as quoted by the Oregon Capital Chronicle

The fossil fuel companies fought back with a central argument: federal law. They contended that the Clean Air Act gives the U.S. government sole authority over interstate and international greenhouse gas emissions, effectively preempting any lawsuit brought by a local government. They claimed Multnomah County was trying to do exactly that—impose penalties on a global problem that only the federal government can regulate.

The Judge’s Crucial Distinction

Judge Ridenour made a distinction that allowed the case to proceed. While she agreed that the county is not trying to regulate global emissions, she found that the lawsuit centers on the companies’ alleged deceptions aimed at Oregonians. The county isn’t seeking damages for the pollution itself, but for the alleged lies that allowed that pollution to continue for decades. It’s a subtle but powerful legal difference.

“It’s deception,” Worthington emphasized. “That’s — again to use the court’s language — that’s the gravamen of this case.” This distinction means the lawsuit is not about dictating national climate policy but about holding corporations accountable for allegedly deceiving the public in Oregon. The judge agreed, clearing the way for the case to be heard in state court under Oregon state law.

The fight is far from over. One defendant, Valero Energy, was dismissed from the case because the county did not establish that the company had enough business or messaging specifically within Oregon. The remaining defendants are still pursuing another legal avenue, arguing the lawsuit is an attempt to silence their critics under Oregon’s anti-SLAPP (Strategic Lawsuit Against Public Participation) law. Arguments on that motion were heard last week, and a decision is still pending.

The Stakes: Billions in Damages and a Nation Watching

The financial and human stakes are immense. Multnomah County is seeking $51 billion in total damages: $50 million for the actual losses from the 2021 heat dome, $1.5 billion for future damages already set in motion, and a staggering $50 billion to fund climate adaptation. These funds are intended to upgrade public infrastructure, bolster healthcare services, and safeguard residents against future extreme weather events—a costly necessity as climate impacts worsen.

Multnomah County’s multibillion-dollar climate accountability lawsuit against some of the world’s — Photo: spokesman.com

For decades, scientists have established a clear link between fossil fuel combustion and climate change, which intensifies extreme weather. In Oregon, the data is stark. According to the Oregon Health Authority, the state has warmed by about 2.4 degrees Fahrenheit since 1970. As a result, Oregon is now experiencing at least double the number of extreme heat days and triple the number of days with wildfire smoke compared to two decades ago. When these two hazards combine, the state faces quadruple the number of dangerous days with both extreme heat and smoke.

The fossil fuel industry sees the case as a dangerous precedent that could unleash a wave of lawsuits. “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,” said Theodore J. Boutrous, who represents Chevron Corporation. The industry’s strategy now seems to be focused on appealing the case all the way to the U.S. Supreme Court, where a separate case from Colorado is already pending.

Multnomah County goes after big oil for heat dome deaths, files lawsuit

The parallel Colorado lawsuit, filed by Boulder County and the city of Boulder against Suncor Energy and ExxonMobil, argues similar points about public deception. That case has already made its way to the Supreme Court, and a decision is expected next year. The outcome of that case could ultimately determine the fate of Multnomah County’s lawsuit, regardless of how Judge Ridenour’s ruling plays out locally.

The legal battle is also unfolding against a backdrop of political pushback. As The Spokesman-Review noted, Republican-led state legislatures have passed laws in other parts of the country to shield fossil fuel companies from these types of lawsuits. Multnomah County’s effort is one of dozens across the U.S., but it’s the first of its kind in Oregon and the first centered specifically on the 2021 heat dome. After that, the family of a woman who died during the same heat wave in Seattle filed a separate wrongful-death lawsuit against major oil companies, a Washington judge also having permitted that case to continue earlier this year.

For Multnomah County Chair Jessica Vega Pederson, the ruling is validation of a long fight. “The Court validated what we have been saying from day one,” she said in a statement. “This case deserves to be heard on the merits, and Multnomah County wants its day in court.” The county has made it clear it intends to present its case to a jury, asking them to decide a fundamental question: Should the deceptive polluters or the taxpayers bear the escalating and devastating social, economic, public health, and environmental costs of climate change?