The First Wrongful Death Suit Against Big Oil Is Not Going Their Way

A judge has ruled that tort claims against Chevron can proceed to trial, potentially opening the door for prosecutors to become agents of climate accountability.

“The court should add this far-fetched claim to the growing list of meritless climate lawsuits the state and federal courts have already dismissed.” That’s how Chevron’s lawyer Theodore Boutrous responded last year when Misti Leon filed a first-of-its-kind lawsuit in Washington State against major oil and gas companies for the wrongful death of her mother, Julie Leon, who died during the record-breaking Pacific Northwest heat dome that killed over 1,400 people in 2021.

Last week, a Washington state court published its response to Big Oil’s effort to throw out Leon’s “far-fetched” claim. Boutrous was no doubt disappointed, for the court rejected the defendants’ motion to dismiss—meaning Misti Leon’s case to hold the fossil fuel industry accountable for her mother’s climate-induced death will now be proceeding toward discovery and trial.

This is a big deal. First, it’s striking how clearly the court ruled that Leon’s pathbreaking new theory of climate accountability is “not about regulating emissions,” as the defendants had argued. Leon’s lawsuit alleges that Big Oil companies should be liable for her mother’s death based on two state law causes of action: their failure to warn the public about the climate catastrophes they knew their fossil fuel products would cause, and their deceptive advertising—both climate denial and greenwashing—that have misled the public about these dangers for decades.

The defendants refused to accept those claims on their own terms. Big Oil’s primary arguments to dismiss Leon’s suit—the same arguments........

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