Upcoming Federal Court Cases: A Deep Dive into Shoalwater Bay v. Exxon and Makah v. Exxon

 

Exciting developments are on the horizon for climate litigation as Drummond Woodsum attorney Kaighn Smith prepares to argue before a federal court in Washington. The focus of this high-profile legal battle will be on two consolidated cases that are drawing significant attention from the legal community and beyond.

Shoalwater Bay v. Exxon et al. (No. 2:24-cv-00158)

In Shoalwater Bay v. Exxon, the Shoalwater Bay Tribe is taking legal action against ExxonMobil and other defendants, seeking damages related to the impacts of climate change. The Tribe argues that the fossil fuel activities of the defendants have significantly contributed to environmental degradation affecting their lands and way of life. This case is part of a growing movement where Indigenous communities are holding major corporations accountable for their role in climate change.

Makah v. Exxon et al. (No. 2:24-cv-00157)

Similarly, the Makah Tribe has filed a case against ExxonMobil and other companies, asserting claims for climate-related damages. The Makah argue that the actions of these corporations have led to adverse effects on their environment, disrupting their traditional practices and endangering their community’s future. This case underscores the broader implications of corporate contributions to climate change and the pursuit of justice for affected communities.

 Law 360 Reports a “Case to Watch”

These cases have garnered significant attention and were recently featured as a “Case to Watch” by Law 360 in their July 26, 2024, report. This designation reflects the importance and potential impact of the cases, which could set new precedents in climate litigation and corporate accountability. As Kaighn Smith prepares to present these arguments, the outcomes of Shoalwater Bay v. Exxon and Makah v. Exxon could have far-reaching implications for both climate justice and the legal landscape surrounding environmental claims. Stay tuned for more updates as these landmark cases unfold.

View online at https://www.law360.com/articles/1853172/washington-cases-to-watch-2024-a-midyear-report.