Kennedy v. Exxon Mobil Corp.

Two Washington residents filed a proposed class action in the federal district court for the Western District of Washington seeking to hold fossil fuel industry defendants accountable for “a multi-billion dollar increase in the premiums ordinary homeowners are being forced to pay” as a result of an increasing number of climate change-related disaster events. The complaint alleged that the defendants’ “coordinated and deliberate scheme to hide the truth about climate change and the effects of burning fossils” caused this increase in home insurance costs by sustaining demand for fossil fuels and forestalling efforts to shift to other sources of energy, which resulted in “atmospheric CO2 levels sufficient to cause the very ‘catastrophic’ climate consequences the Defendants themselves foresaw.” The plaintiffs asserted Racketeer Influenced and Corrupt Organizations Act (RICO) claims on behalf of a nationwide class of all persons who have purchased or will purchase homeowner’s insurance for property in the United States after 2017; they asserted other claims on behalf of persons who have purchased or will purchase homeowner’s insurance for property in the State of Washington after 2017. The claims on behalf of the Washington subclass were causes of action for fraudulent misrepresentation, civil conspiracy, unjust enrichment, violation of the Washington Consumer Protection Act, and nuisance. The relief sought included compensatory damages, restitution and disgorgement of revenues or profits, and treble damages, as well as declaratory and injunctive relief.