In a win for Multnomah County, the county’s lawsuit against fossil fuel companies remains in state court after a U.S. district court judge upheld a federal court recommendation June 10.

The defendants, Chevron Corp. and Chevron USA Inc., filed to remove the case to federal court Aug. 18, 2023, but the latest legal decision will keep the case in Oregon, where the initial lawsuit was filed.

Citing fraud, public nuisance, negligence and trespass, Multnomah County sued the fossil fuel companies June 22, 2023 — two years after the 2021 heat dome event. The high heat killed at least 69 people in Multnomah County and 116 throughout Oregon. It also caused significant property damage over the course of three record-breaking days, which reached highs of 108, 112 and 116 degrees. Those highs are nearly 40 degrees above the daily average for the region in June and are hotter than any other day in the county’s recorded history, according to Multnomah County.

The lawsuit seeks $50 million in actual damages, $1.5 billion in future damages and an estimated $50 billion abatement fund to plan and study opportunities for climate resiliency.

“The heat dome was a direct and foreseeable consequence of the Defendants’ decision to sell as many fossil fuel products over the last six decades as they could and to lie to the County, the public, and the scientific community about the catastrophic harm,” the lawsuit said.

In its request to move the case, Chevron asserted federal question jurisdiction — meaning it believed the question Multnomah County raised in its suit against the fossil fuel giant was a federal one and should, therefore, be moved from the state court. It also asserted diversity jurisdiction, saying it has no common citizenship with the local fossil fuel company Space Age, which is included in the class action suit.

A party can remove a case to a different jurisdiction when it believes all parties on one side — in this case fossil fuel companies — are citizens of different states from all parties on the other side, in this case, Multnomah County, according to U.S. code.

Multnomah County filed a motion to remand to state court Oct. 2, 2023, and U.S. Magistrate Judge Youlee Yim You issued her recommendations April 10. U.S. District Court Judge Adrienne Nelson confirmed those findings June 10.

Attorneys and environmental advocates say moves like Chevron’s follow a long-held pattern of fossil fuel companies using legal maneuvers to delay accountability.

“Chevron's tactics are a classic attempt to evade their clear responsibility for the impacts of the climate crisis, like the 2021 heat dome at the center of this historic lawsuit,” Dineen O’Rourke, environmental nonprofit 350PDX campaign manager, said. “This is a tactic right out of the entire fossil fuel industry's playbook. Deny responsibility as much as possible, and when our system finally aims to hold them accountable, they'll then shift to gum up the process so it works in their favor. It's inexcusable.”

The requested $50 billion abatement fund will protect public health and weatherproof the region from future similar events, according to the county. County data shows climate change doesn’t impact all residents equally, and county health and sustainability offices recently invested significant resources to study and address inequities.

Multnomah County released the results of a heat-mapping project executed by a group of 125 volunteers July 23, 2023. The report showed some groups are more vulnerable to extreme weather, including children, pregnant people, low-income people and homeless residents. Extreme heat can also cause adverse health effects such as heat stroke, breathing issues, heart trouble and complications with pregnancy. The county’s lawsuit seeks future damages for projects to mitigate those effects.

“As climate change continues to affect our local communities in new ways, we must continually review our response and look at data at the neighborhood level to make sure our vulnerable communities are protected,” Brendon Haggerty, Multnomah County’s Healthy Homes and Communities program manager, said of the report.

The lawsuit alleges defendants knew about and misrepresented the climate and health impacts of burning fossil fuels in a campaign to continue its practices. The lawsuit seeks to hold them accountable, though the process will take time.

“We expect defendants to appeal the final decision to the Ninth Circuit because delay has been their chief tactic in climate litigation to date,” Jeffrey Simon, Multnomah County co-counsel, said. “We look forward to the time when a jury will decide this case and deliver a resounding verdict.”

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