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The Courts Earth United States

Oregon County Seeks To Hold Fossil Fuel Companies Accountable For Extreme Heat 220

An anonymous reader quotes a report from Ars Technica: Northwest Oregon had never seen anything like it. Over the course of three days in June 2021, Multnomah County -- the state's most populous county, which rests in the swayback along Oregon's northern border -- recorded highs of 108, 112, and 116 degrees Fahrenheit. Temperatures were so hot that the metal on cable cars melted and the asphalt on roadways buckled. Nearly half the homes in the county lacked cooling systems because of Oregon's typically gentle summers, where average highs top out at 81 degrees. Sixty-nine people perished from heat stroke, most of them in their homes. When scientific studies showed that the extreme temperatures were caused by heat domes, which experts say are influenced by climate change, county officials didn't just chalk it up to a random weather occurrence. They started researching the large fossil fuel companies whose emissions are driving the climate crisis -- including ExxonMobil, Shell, and Chevron -- and sued them (PDF).

"This catastrophe was not caused by an act of God," said Jeffrey B. Simon, a lawyer for the county, "but rather by several of the world's largest energy companies playing God with the lives of innocent and vulnerable people by selling as much oil and gas as they could." Now, 11 months after the suit was filed, Multnomah County is preparing to move forward with the case in Oregon state court after a federal judge in June settled (PDF) a monthslong debate over where the suit should be heard. About three dozen lawsuits have been filed by states, counties, and cities seeking damages from oil and gas companies for harms caused by climate change. Legal experts said the Oregon case is one of the first focused on public health costs related to high temperatures during a specific occurrence of the "heat dome effect." Most of the other lawsuits seek damages more generally from such ongoing climate-related impacts as sea level rise, increased precipitation, intensifying extreme weather events, and flooding. [...]

The Multnomah County lawsuit says that Exxon, Shell, Chevron, and others engaged in a range of improper practices, including negligence, creating a public nuisance, fraud, and deceit. The suit alleges that the companies were aware of the harms of fossil fuels and engaged in a "scheme to rapaciously sell fossil fuel products and deceptively promote them as harmless to the environment, while they knew that carbon pollution emitted by their products into the atmosphere would likely cause deadly extreme heat events like that which devastated Multnomah County." "We know that climate-induced weather events like the 2021 Heat Dome harm the residents of Multnomah County and cause real financial costs to our local government," Multnomah County Chair Jessica Vega Pederson said in a statement. "The Court's decision to hear this lawsuit in State Court validates our assertion that the case should be resolved here -- it's an important win for this community."
In the suit, officials in Portland's Multnomah County said that they will ultimately incur costs in excess of $1.5 billion to deal with the effects of the 2021 heat dome.

"We allege that this is just like any other kind of public health crisis and mass destruction of property that is caused by corporate wrongdoing," said Simon, partner in the law firm of Simon Greenstone Panatier. "We contend that these companies polluted the atmosphere with carbon from the burning of fossil fuels; that they foresaw that extreme environmental harm would be caused by it; that some of them, we contend, deliberately misled the public about that."
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Oregon County Seeks To Hold Fossil Fuel Companies Accountable For Extreme Heat

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  • by DrMrLordX ( 559371 ) on Tuesday July 09, 2024 @10:44PM (#64614683)

    Some folks need fossil fuels to, you know, not die in the cold etc. This legal aggression is classic tortious interference.

    • by sjames ( 1099 ) on Wednesday July 10, 2024 @02:51AM (#64614983) Homepage Journal

      There is a difference between judiciously using fossil fuels knowing it's not benign and using them freely because you fell for a propaganda campaign convincing you it's harmless.

      Had more people understood the harm, or at least not been fooled by the oil companies and their sock puppets, more effort would likely have gone in to less harmful sources of energy to keep people warm.

      • They didn't "fell", they just didn't care. All those solutions had their own issues, among the most that they require people to alter negatively their QOL to work.

      • by HiThere ( 15173 )

        Like better insulation. With really good insulation you need barely any heat to keep warm. Then the problem is air quality.

    • It's not just that, The airport is there, and a quick search shows that in last December,

      "Portland International Airport is expecting about 730,000 passengers during these last two weeks of December."

      So they are all offended by CO2 emissions until they want to go somewhere.

  • Stop importing oil (Score:3, Insightful)

    by topham ( 32406 ) on Tuesday July 09, 2024 @10:45PM (#64614687) Homepage

    Stop the state of Oregon from contributing to the climate disaster.

    No more oil.

    • by AmiMoJo ( 196126 ) on Wednesday July 10, 2024 @04:16AM (#64615095) Homepage Journal

      The fact that the transition away from oil was delayed by decades due to climate change denial funded by fossil fuel companies is one of the things they are liable for.

      Ideally the money would be used to help speed up the transition now.

      • What exactly would we have transitioned to? Solar and wind didn't become massively available until recently. I agree they denied climate change.

        • by AmiMoJo ( 196126 )

          Solar and wind would have been developed earlier if we were not so content to burn fossil fuels instead.

          • Solar and wind would have been developed earlier if we were not so content to burn fossil fuels instead.

            And we would have dealt with the wind and solar pimps purposely delivering crippled consumer product, or only sell panels to the mega-corp electric companies so they can profit and fund corporate bonuses while bitching about how “poor” they are, and need taxpayer subsidies to deploy their massive solar panel arrays, after litigating millions away for years on NIMBY red tape arguments about said solar arrays.

            Stop pretending solar or wind, are or ever would have been magically free of greed or cor

  • As an Oregonian (Score:5, Informative)

    by starworks5 ( 139327 ) on Tuesday July 09, 2024 @10:49PM (#64614693) Homepage

    I must say that this nominee is a judicial activist, who is contorting the laws. Fossil fuel sales and consumption is a matter of federal jurisdiction under the interstate commerce clause to the US constitution, yet this judge decides to completely ignore that part of the legal analysis, and come to the conclusion that a small gas station was defrauding customers and the state of oregon by not telling them about climate change, therefore they should be subject to suit in a state court where most judges are some sort of political appointee, and the state will ignore federal preemption.

    • These lawsuits are getting around that by including a couple of local mom and pop gas stores in the lawsuit. By doing that they are able to show it is not federal issue and keep it in the local courts. that has already happened with this case and why it is in the news this month.
      • Except that their suppliers are always out-of-state.

      • Re:As an Oregonian (Score:4, Insightful)

        by geekmux ( 1040042 ) on Wednesday July 10, 2024 @08:28AM (#64615405)

        These lawsuits are getting around that by including a couple of local mom and pop gas stores in the lawsuit. By doing that they are able to show it is not federal issue and keep it in the local courts. that has already happened with this case and why it is in the news this month.

        I don’t mean to attack any small business, but what exactly is a “Mom and Pop” argument with selling a federally regulated product again? Let’s stop pretending Grandpa is out behind the gas station plowing acres for corn, and Grandma is in the kitchen cooking up another fresh batch of ethanol here.

        At some point “Mom and Pop” becomes a senseless bullshit argument. I feel we’ve long past that with those selling gas. And basically everyone works to put food on the table. Doesn’t matter if you’re a Pop business owner or a Mom working for Microsoft. Size is an irrelevant metric and defense.

    • Fossil fuel sales and consumption is a matter of federal jurisdiction

      State and local governments can levy taxes on gasoline and other fuels in addition to the federal excise taxes.

      According to Google, Americans paid $53B in state and local fuel taxes last year.

      As an EV owner, I am a big fan of gasoline taxes.

      • states have the power to levy sales taxes, they do not have the power to ban products regulated by the federal government, or to displace the federal regulations with state regulations.

      • by DarkOx ( 621550 )

        Right like all other EV owners you are keen dump your costs on others. Let them pay for the roads you drive on, and let them enjoy the higher electric bills to cover the cost of grid modernization and infrastructure enhancements need to support your specific application.

        You should like the typical EV owner, alright.

    • by reanjr ( 588767 )

      How does the interstate commerce clause apply for a gas station that purchases gas from a local distributor? Just because I import widgets from Kentucky to build gizmos, that doesn't subject me to the interstate commerce rules unless the case is specifically related to the widgets. I might not even know where the widgets come from, because I am likely to purchase from a local supplier.

    • I must say that this nominee is a judicial activist, who is contorting the laws. Fossil fuel sales and consumption is a matter of federal jurisdiction under the interstate commerce clause to the US constitution, yet this judge decides to completely ignore that part of the legal analysis, and come to the conclusion that a small gas station was defrauding customers and the state of oregon by not telling them about climate change, therefore they should be subject to suit in a state court where most judges are some sort of political appointee, and the state will ignore federal preemption.

      A greedy lawyer likely came up with this bullshit scheme to make money.

      Try not to manufacture excuses as to why we should tolerate greedy lawyers or bullshit tactics. It just attracts more greedy lawyers and makes the problem even more profita, er I mean worse.

    • by leonbev ( 111395 )

      You would also think that state of Oregon's lawyers would be smart enough to tell the difference between weather and climate. You can't really sue Big Oil for a temporary weather event that only lasted a few days.

  • It will go to a local jury and they will award them the money because hey free money for the locals.
    While going to the trial they will fill up their cars with gas sold by Space Age Fuel, a family run company that has convenience stores in that area.
  • by magzteel ( 5013587 ) on Tuesday July 09, 2024 @10:56PM (#64614711)

    How do Oregonians heat their homes? 37% natural gas, 54% electricity, the rest wood, oil, LP, other
    Where does the electricity come from? 22% coal, 35% gas, 39% hydro, 9.3% wind

    They should be holding themselves accountable, not the companies that provide the energy that keeps them alive

    https://www.statista.com/stati... [statista.com]
    https://www.oregon.gov/energy/... [oregon.gov]

    • by reanjr ( 588767 )

      Important to note that the blend of sources for home heating electricity could be vastly different than that of the overall state blend. For example, all the coal might be used in manufacturing.

    • Bingo.

    • How do Oregonians heat their homes? 37% natural gas, 54% electricity, the rest wood, oil, LP, other Where does the electricity come from? 22% coal, 35% gas, 39% hydro, 9.3% wind

      They should be holding themselves accountable, not the companies that provide the energy that keeps them alive

      https://www.statista.com/stati... [statista.com] https://www.oregon.gov/energy/... [oregon.gov]

      Just Stop Oil is awarding a Masters degree in Hypocrisy? And here I didn’t even know they were accredited.

    • by AmiMoJo ( 196126 )

      Would it be that mix if the fossil fuel companies hadn't kept lying about climate change for decades? I think not, likely we would be much further along with the transition. Now it's urgent and there are additional costs, both to transition and to mitigate the already felt effects of climate change.

  • by Wizardess ( 888790 ) on Tuesday July 09, 2024 @11:38PM (#64614761)

    OK, Suppose many years ago the oil companies had said, "We think global warming is coming spurred on by burning our product. So we are unilaterally withdrawing it from the market starting when the gas station pumps run dry after this announcement." They would have been raked over the coals by their (former) customers, the governments involved, and the news media not to mention what the field day in the courts would cost them over their fiduciary duties to their shareholders. So, they kept on pumping and people kept on burning BECAUSE NOBODY MADE A CONVINCING CASE. More on that later.

    Now, because they elected to avoid the above blood bath and both you and I continued our polluting ways (as did China to a MUCH greater degree), the citizens of Multnomah County, Oregon are suing because they could not stop themselves from burning that ever so addictive oil. It's not the citizen's fault for purchasing and burning. Somehow it is the fault of the oil company trying to prevent their own bloodbath in courts. Right er rather that's left. Leftie greenie "see what you made me do" politics. Come ON guys, get real.

    As for the convincing case, I remain unconvinced for a simple emotional reason. I see the science. I agree with the science at a deeper level than most people. But, I still do not "believe". The reason is really very simple. It is reaction to idiots thinking we can stop it all "if only blah blah blah..." AND NOT A ONE OF THEM SEEMS TO BE WORKING ON A CONVINCING PROJECT TO DEAL WITH THE PROBLEMS THE WARMING WILL CREATE. Until that effort is made in a way that feels real, this whole this is perceived as a thing cooked up by politicians wanting more hobnails in the boot they have planed firmly on our necks. Of course, many/most of us react against that, especially when I note they are not biting the bullet and admitting this is gonna be expensive because we have to build dikes, deal with shifting fertile regions, put out more and nastier fires, and in general deal with those and all the rest of the real effects of the real warming.

    If f..king isn't real until it is dealt with rather than used as an excuse to make my life miserable. Thus spake (most of) J. Q. Public.

    {^_^}

    • Comment removed (Score:5, Insightful)

      by account_deleted ( 4530225 ) on Tuesday July 09, 2024 @11:56PM (#64614789)
      Comment removed based on user account deletion
      • by starworks5 ( 139327 ) on Wednesday July 10, 2024 @04:45AM (#64615127) Homepage

        >they really did make choices with an absolute and complete disregard for the collective survival of intelligent life on Earth

        Take your meds, for every dollar increase of a barrel of oil, there will be thousands that will go hungry and starve. Where do you think all the energy, water pumps, and food processing comes from?

        • by tg123 ( 1409503 )

          Where do you think all the energy, water pumps, and food processing comes from?

          The Sun ,

          Its just taken a few Million years for that Energy to be stored in the form of Hydrocarbons that can we burn to convert the Energy into motion to drive the above machines.

          We really should be bypassing the Million years bit and using the Energy directly from the Sun to drive the above machines.

      • It's not up to you to prove your activity is legal, it's up to a regulator to show it is illegal. This isn't smoking. They weren't purposefully adding addictive substances to their product while knowing it was bad for you.

        You can sue who you want, but it's unlikely to succeed. No one is required to volunteer information beyond that which is asked for by the laws. Yeah they hid that it caused global warming, but look where we are now: everyone knows beyond any doubt that it does cause global warming yet they

    • There's plenty of ways people could deal with elevated CO2 levels, but a county in Oregon suing a local mom n' pop gas station (or a multinational oil company, or whatever) probably isn't one of them.

    • BECAUSE NOBODY MADE A CONVINCING CASE

      The case has been incredibly convincing for ages. The problem is you cannot convince the unconvincable no matter how compelling your argument. You won't talk a flat earther out of their beliefs. You cannot convince a space nutter that no the latest instance of the perpetual motion machine reactionless drive is junk.

      And you certainly can't convince people when they stand to lose a lot of money by accepting reality.

  • They are not the ones that burn it. Other businesses/governments are the ones pushing that.
  • by reanjr ( 588767 ) on Wednesday July 10, 2024 @01:55AM (#64614875) Homepage

    The "METAL" melted from the heat? I don't know of any metal we use in its solid form with a melting point low enough for the sun to melt it. We're not making gallium alloy cables. The story says "power cables" melted. The cable sheath melted.

  • This is how markets are supposed to work. Externalities must be paid for. Capitalism is a wonderful tool that gets misused a lot.

    • And how much of the cigarette tax is used to offset cigarette expenses, vs how much if it is pilfered for reasons completely unrelated to cigarettes. Thanks for pretending that money taken by the government is being used for its intended noble uses.

    • > This is how markets are supposed to work. Externalities must be paid for.

      Fuel taxes are far less messy than a web of lawsuits. This may not be resolved for fifteen years.

      Then agajn, maybe lawyers on both sides are in cahoots.

      Anyway, they won't dedicate any settlement to remediation so it's a scam.

  • ... not caused by an act of God ...

    Agreed: This was caused by vested interests lying to the politicians, politicians doing nothing and voters choosing those do-nothing politicians. If you want to find the real criminals, people of Oregon, look into a mirror.

    Finger-pointing and fines won't prevent another heat dome: If the people of Oregon really care, they should plan making such weather bubbles, less likely. Yes, that's a planet-sized problem, and nothing will happen until people start saying everyone needs to change. Greta Thunberg

    • Re: (Score:3, Insightful)

      This was caused by vested interests lying to the politicians, politicians doing nothing and voters choosing those do-nothing politicians.

      This point is, frankly, delusional

      Underpinning *every* environmental issue we face is the sheer mass of excess humanity, each with its own demands on energy, space, sustenance, entertainment and each contruibuting to environmental degredation - Primarily in the name of "freedum" but mostly the grand capitalist market because when the consumer base starts to shring.. .well that's just awful!

      Pointing fingers at the supply side and the gutless politicos who have a vested interest in not alienating their voter

      • >We really have to stop shifting the blame elsehwere and start owning our personal committment to self-destruction.

        So what is the .... final solution .... to the climate change problem?

    • That precedent punished the providers of the public health hazard for their deception. The debate is about how far this is the case here as well.

  • "Temperatures were so hot that the metal on cable cars melted..."

    Hmmm. Which metal has a melting point below 50 degrees Centigrade?

    "Metals with low melting points include gallium, cesium, and mercury. Gallium, for instance, can melt in the palm of a hand. Mercury is unique as it is liquid at room temperature". https://www.metalsupermarkets.... [metalsupermarkets.com]

    Now which of those were used in constructing those cable cars?

    • by ghoul ( 157158 )
      Cables heat up due to friction when in use. Properly built ones have lubrication and cooling to keep them running. Oregon may have cheaped out when building them thinking ambient air cooling is enough as the air is always cold there. When the air was no longer cold enough for ambient air cooling , that assumption was proven to be false.
  • Sure, let's sue companies providing a product we have not only deemed legal but that we as a government have built our energy dependent society on, all the while actively subsidising said product so that people can use it cheaply.

    These lawsuits are so trendy, like all trends they will disappear - when they all get struck down.

  • by passionplay ( 607862 ) on Wednesday July 10, 2024 @05:10AM (#64615151)
    It's a natural phenomena in the upper atmosphere that has a high pressure segment that does not move. Doesn't sound like CO2 to me. Sounds like the eye of a chaotic maelstrom that just happens to be in one place. The clear skies then allow maximal heating. The post about not importing oil is correct. Everyone could have been cooler. Just blaming the bogeyman doesn't work.
  • by olddoc ( 152678 ) on Wednesday July 10, 2024 @05:32AM (#64615169)
    Oregon has a $.40 tax per gallon on gasoline. At $4.00 per gallon they have a 10% profit margin. ExxonMobil has an overall corporate profit margin of 9.6%. It seems to me that the state of Oregon is "rapaciously" profiting off of gasoline sales.
  • My recommendation to every fossil fuel vendor (Gasoline, Natural gas, propane) on the date of the first filed lawsuit is to close the doors, stop sales and tell the state of Oregon the sales will resume the moment the lawsuit is dropped. Until then, anyone wishing to complain should contact the State of Oregon legal team that filed the lawsuit. Id have it posted on the front door of every gas station, propane vendor, on the home page for every natural gas company and on the paper and electronic bills for na

  • Looking at Portland's record temperatures show temperatures in the 100s going back to at least the 1940s. Even if the oil companies are responsible for higher temperatures, the region has had 70+ years to provide some resiliency and avoid costs for dealing with high temperatures. You know this is going to happen and even if the oil companies stopped today they would still see them. It's not the oil companies fault for the decisions that they made to not be able to deal with temperatures like that.
  • Just try surviving without the oil, gas and coal and all the products these sources of energy make possible. These products and their derivatives are the only thing keeping billions of people in the world alive. Without these products food production would drop by 50% or more. The food produced could not reach the cities where people live. People would die from heat and cold due to lack of air conditioning. The "settled science" of global warming is not as settled as some claim. The dire consequences claime
  • The fossil fuel companies are forced to pump gas in your car, and you are blaming them?
  • ...If at the same time they sue Greenpeace and Union of Concerned Scientists for preventing us from implementing large-scale carbon fixes.

  • The EPA let them do it so they literally had government permissions. Also, back in August 1898, the heat got up to 119 degrees Fahrenheit in Oregon. So good luck with that lawsuit.
  • You know those drafting and filing the motion used oil products in their heat, personal transportation, and the oil products used to produce and transport the goods and services they use. They are aiding and abetting the very entities they are suing!
  • Exxon mobile knew about climate change in the 70s then lied and lobbied saying it wasn't a thing for almost half a century.

    In the U.S. we have many laws governing people and harsh sentences; hence the largest percentage of prison population per capita of any western style democracy and 6 overall [wikipedia.org] . It's really sad. Yet regulations which are only laws that apply to companies instead of actual people are few, and without adequate oversight, enforcement, or penalties. What enforcement there is brings relativel

  • by PPH ( 736903 )

    the metal on cable cars melted

    What is shown on the linked Twatter page is damaged insulation. Possibly due to not being spec'd for current ambient temperatures. Current-carrying conductors have to reject resistive loss generated heat into the surrounding environment. Which necessarily generates a temperature gradient across the insulation.

    Alternatively, suspended conductors will sag more at higher temps. Possibly resulting in them contacting structures and abrading insulation.

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