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Makah Indian Tribe v. Exxon Mobil Corporation et al

Docket 2:24-cv-00157, Washington Western District Court (Feb. 6, 2024)
Judge Jamal N Whitehead, presiding
Torts to Land
DivisionSeattle
FlagsCLOSED, JURYDEMAND, REMAND
Cause28:1441 Petition for Removal- Torts to Land
Case Type240 Torts to Land
Tags240 Tort to Land, Tort, Civil, 240 Tort to Land, Tort, Civil
DeadlinePer LCR 3(i), case will be remanded on the 15th day following the date of this Order, on 4/10/2025.
Plaintiff Makah Indian Tribe
Defendant Exxon Mobil Corporation
Defendant ExxonMobil Oil Corporation
...
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No. 78 REMAND ORDER

Document Makah Indian Tribe v. Exxon Mobil Corporation et al, 2:24-cv-00157, No. 78 (W.D.Wash. Mar. 26, 2025)
In short, they allege that Defendants carried out a decades-long misinformation campaign to conceal the harmful environmental effects of fossil fuel extraction and combustion from public view; in so doing, they contributed to climate change, which has led to coastal erosion, soil degradation, wildfires, flooding, extreme heat, drought, ocean acidification, extreme precipitation, diminished air quality, and expanded pathogen and pest ranges—all of which plague the Tribes’ lands.
Defendants argue that the Tribes’ claims are completely preempted by the body of federal common law that the Supreme Court recognized in Oneida Indian Nation of New York State v. Cnty.
Defendants have shown, at most, ambiguities about the preemptive effect of federal common law in Oneida and its progeny—ambiguities that should be resolved in favor of tribal sovereignty, which includes the freedom to pursue remedies in state court when tribes so choose.
unlawfully doing an act, or omitting to perform a duty, which act or omission either annoys, injures or endangers the comfort, repose, health or safety of others, offends decency, or unlawfully interferes with, obstructs or tends to obstruct, or render dangerous for passage, any lake or navigable river, bay, stream, canal or basin, or any public park, square, street or highway; or in any way renders other persons insecure in life, or in the use of property
They observe that the Tribes allege harms to land interests established by federal treaty or executive order, and that Washington nuisance law requires showing property injury or interference.
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No. 60

Document Makah Indian Tribe v. Exxon Mobil Corporation et al, 2:24-cv-00157, No. 60 (W.D.Wash. Mar. 19, 2024)

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No. 46

Document Makah Indian Tribe v. Exxon Mobil Corporation et al, 2:24-cv-00157, No. 46 (W.D.Wash. Feb. 16, 2024)

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