Are Lawsuits Against Oil Companies for Climate Deaths a Step Too Far?

Who is paying for these lawsuits?

The energy sector is under fire again, but this time, the stakes are higher than ever. A lawsuit filed in Washington state is making waves, claiming that seven major oil and gas companies—ExxonMobil, Chevron, Shell, BP, ConocoPhillips, Phillips 66, and BP’s Olympic Pipeline Company—are responsible for the death of Juliana Leon, a 65-year-old woman who succumbed to hyperthermia during the 2021 Pacific Northwest heat dome. The plaintiff, Misti Leon, Juliana’s daughter, argues that these companies’ contributions to climate change created the conditions that led to her mother’s death. Experts are calling this the first wrongful death lawsuit directly tying fossil fuel companies to an individual’s death due to global warming. But is this a legitimate pursuit of justice or an overreach that threatens America’s energy backbone?

The Case: A Tragic Death and a Bold Claim

On June 28, 2021, temperatures in Seattle soared to a record-breaking 108°F, part of an unprecedented heat dome that gripped the Pacific Northwest. Juliana Leon, a retired poet, was driving back from a doctor’s appointment when the heat overwhelmed her. She pulled over, rolled down her windows, and later died of hyperthermia. Her daughter’s lawsuit, filed in Washington state court, alleges that the named oil companies knowingly produced and sold fossil fuels that warmed the planet, creating deadly conditions like the 2021 heat wave. The suit further claims these companies misled the public about the dangers of their products, delaying action that could have mitigated such disasters.

This case is a first, but it’s not alone. Cities, counties, and states have been suing oil companies for years, accusing them of fraud, racketeering, and deceptive marketing over climate impacts. What sets this apart is the personal angle—an individual’s death pinned directly on Big Oil. The Center for Climate Integrity, an advocacy group, is touting it as a landmark case, and climate activists are hopeful it could pave the way for more lawsuits, including criminal charges like homicide.

The Industry’s Response: “Meritless” and Misguided

The oil and gas industry isn’t taking this lying down. Theodore J. Boutrous Jr., Chevron’s counsel, called the lawsuit a “far-fetched claim” that belongs on the growing pile of dismissed climate cases. The American Petroleum Institute has long argued that climate change is a policy issue for Congress, not a courtroom battleground. Other companies named in the suit have stayed mum, likely wary of fueling the narrative. And they’ve got reason to be skeptical—similar lawsuits in New York, New Jersey, Maryland, and Pennsylvania have been thrown out by judges who see these cases as overstepping state law and encroaching on federal jurisdiction, like the Clean Air Act.

The industry’s point is clear: holding oil companies solely responsible for global climate phenomena ignores the complex web of factors at play. From consumer demand to government policies, fossil fuels have powered modern life for decades with broad societal consent. Singling out a handful of companies for a heat wave death feels like scapegoating when everyone—governments, utilities, and even individuals—has a stake in the energy system.

The Bigger Picture: A Slippery Slope to Homicide Charges?

This lawsuit isn’t just about one tragedy; it’s part of a broader push to criminalize the fossil fuel industry. A 2023 paper in the Harvard Environmental Law Review, co-authored by David Arkush of Public Citizen, argued that oil companies could face homicide charges—ranging from manslaughter to murder—for climate-related deaths. The logic? These companies knew their products contributed to global warming and continued business as usual, effectively “killing members of the public at an accelerating rate.” Posts on X have amplified this idea, with some users citing a prosecution memo suggesting homicide charges are viable.

But let’s pump the brakes. Proving causation in a court of law is no small feat. Attribution science, which links climate change to specific weather events, is advancing but far from airtight. The 2021 heat dome was extreme, but pinning it solely on oil companies ignores natural variability, urban heat island effects, and the role of infrastructure failures, like inadequate cooling systems or emergency response. And if we’re talking intent, as required for murder charges, the leap from producing energy to premeditated killing is a stretch that even the most zealous prosecutor would struggle to make stick.

What’s at Stake for Energy and the Economy?

Energy News Beat readers know the oil and gas industry isn’t just a punching bag for activists—it’s a cornerstone of American prosperity. In 2024, the sector supported over 10 million jobs and contributed $1.8 trillion to U.S. GDP. Louisiana alone, a hub for oil production, reaped $1.4 billion in taxes from the industry last year. Yet, lawsuits like this one, and others targeting coastal land loss or climate damages, risk choking investment. A 2019 Pelican Institute report found that litigation fears cost Louisiana 2,000 jobs and up to $113 million in economic benefits annually by deterring drilling.

The Trump administration has taken a hard stance against this trend, labeling climate lawsuits “ideologically motivated” and a threat to energy production. The Justice Department recently sued Michigan and Hawaii to block their climate suits, signaling a federal pushback. If cases like Leon’s gain traction, expect more legal battles that could raise energy costs, stall projects, and weaken America’s energy independence at a time when global demand is surging.

The Other Side: A Human Face on Climate Harm

To be fair, Misti Leon’s grief is real, and her story resonates. “I never would have guessed that a heat dome and climate change would be what took her from me,” she told The New York Times. Climate advocates argue that lawsuits like hers put a human face on the crisis, holding accountable an industry that’s profited while emissions climbed. They point to decades of internal documents showing companies like ExxonMobil knew about global warming risks as early as the 1970s yet funded campaigns to sow doubt.

But sympathy doesn’t erase complexity. Even if you buy the argument that oil companies bear some responsibility, where do you draw the line? Are car manufacturers liable for emissions from vehicles? What about airlines, or consumers who drive and fly? The ripple effects of criminalizing energy production could unravel industries far beyond oil, with consequences for jobs, innovation, and energy access in developing nations.

The Bottom Line: Courts Aren’t the Answer

The Washington lawsuit is a bold move, but it’s on shaky ground. Courts have historically dismissed similar cases for overreaching, and this one faces an uphill battle proving direct causation and intent. More broadly, weaponizing the legal system to vilify oil companies risks punishing the very industry that keeps the lights on while doing little to address global emissions—China and India, not the U.S., are the top emitters today.

At Energy News Beat, we believe in practical solutions over courtroom crusades. As Secretary Chris Wright of the Department of Energy has said, if the energy source costs more in terms of money and resources than it yields, we should not use it, such as wind, hydrogen, biofuels, ethanol, and solar. There are places for wind and solar, but they are not significant sources of electricity.

If the goal is reducing emissions, invest in innovation, such as coal emission cleaners, nuclear power, or next-generation renewables, rather than litigation that drains resources and divides communities. Juliana Leon’s death is a tragedy, but turning oil executives into murderers won’t bring her back or cool the planet.

I still liked my several interviews with Greggory Wrightstone of the CO2 Coalition, where he has a very compelling story. CO2 is considered a plant food, and it is the microparticles and microplastics that are the pollutants. Just look at the wind farms and the microplastics they produce. Where is the outrage? Where is the outrage for the whales, bats, birds, and wildlife killed?

It’s time to focus on energy policies that work for everyone, not just the loudest activists, and let’s revoke attorneys’ licenses if their cases are not based on science or facts.

Sources: The New York Times, NPR, AP News, The Guardian, Reuters, Harvard Environmental Law Review, Energy News Beat archives.

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