October 23, 2026.
Makah and Shoalwater Bay Indian Tribes allege fossil fuel companies concealed climate risks; court rejects request to delay trial until October 2029.
A Washington state judge has set a February 7, 2028, trial date for climate lawsuits brought by the Makah Indian Tribe and Shoalwater Bay Indian Tribe against ExxonMobil, Chevron and other major fossil fuel companies. The court rejected the companies’ request to postpone the trial until October 2029.
The October 19, 2026, scheduling order moves the cases closer to trial in King County Superior Court. The Tribal Nations allege that petroleum companies engaged in a decades-long campaign to mislead the public about the dangers of burning fossil fuels, contributing to climate-related damage affecting their communities, reservation lands and natural resources.
The companies sought additional time for pretrial proceedings, including discovery, the process through which parties gather evidence. The Tribal Nations argued for an earlier trial date.
Tribal Nations seek accountability for climate-related harm.
The Makah Indian Tribe and Shoalwater Bay Indian Tribe filed their lawsuits on December 20, 2023, asserting claims under Washington state law.
The complaints allege that the companies misrepresented or concealed information about the climate risks associated with fossil fuels and worked to undermine public understanding of climate science. The Tribal Nations contend that the alleged conduct contributed to climate-related harm and delayed responses to the risks.
The cases address threats that include sea-level rise, coastal erosion, flooding and ocean acidification. These issues are particularly significant for coastal communities whose lands, infrastructure, natural resources and cultural practices are closely connected to the surrounding environment.
The Tribal Nations seek compensatory damages and funding to address climate-related impacts, including measures to protect, repair or adapt reservation lands, natural resources and infrastructure.
The claims remain allegations, and the companies have not been found liable in these cases.
Court allows key state-law claims to proceed.
The lawsuits have faced several legal challenges over where they can be heard and whether the Tribal Nations’ claims can proceed under state law.
The companies previously sought to move the cases into federal court. In March 2025, the U.S. District Court for the Western District of Washington ordered the cases returned to Washington state court. The federal court rejected the arguments advanced for federal jurisdiction over the Tribal Nations’ state-law claims.
On April 29, 2026, a Washington Superior Court judge denied the companies’ motions to dismiss the principal claims. The court concluded that the claims were not barred by federal law, did not present non-justiciable political questions and were sufficiently pleaded to proceed under Washington law.
The ruling allowed claims involving public nuisance and alleged violations of the Washington Products Liability Act to continue. It was a procedural decision, not a finding that the companies had committed the alleged misconduct.
The litigation has also resulted in dismissals. On September 4, 2026, the court dismissed Conoco Phillips from the cases on personal-jurisdiction grounds. The court determined that the amended complaints did not establish the necessary connection between the companies’ alleged conduct and Washington, and it did not permit another amendment.
Why the February 2028 date matters.
The dispute over the trial schedule reflects a significant difference between the parties’ proposed timelines. The companies sought an October 2029 trial date, while the Tribal Nations pressed for an earlier resolution.
Discovery and other pretrial proceedings will continue before the scheduled trial. The court’s decision establishes a target date but does not guarantee that proceedings will begin or conclude on that date.
The cases are part of a broader wave of climate litigation in which governments and Tribal Nations seek financial remedies from fossil fuel companies over alleged deception about climate change and the resulting costs.
For the Makah and Shoalwater Bay Indian Tribes, the lawsuits seek to establish that the companies’ alleged conduct contributed to harms requiring substantial investment in adaptation and protection of their communities and resources.
