Missy Sims navigated through a field of destroyed tombs in central Puerto Rico, where Hurricane Maria had unleashed walls of water that shattered coffins and sent others tumbling into a nearby stream. Today, six years later, the cemetery in Lares remains in ruins. As an attorney representing 16 Puerto Rican municipalities seeking accountability from the fossil fuel industry for the damage caused by severe storms like Maria, Ms. Sims felt the weight of the grieving families and vowed to hold those responsible accountable. At 54 years old, Ms. Sims is an unexpected legal figure in the fight against the devastating consequences of climate change. A devout Catholic from a small Midwest town, she has a unique style and engages with her social media followers on TikTok. Now, she’s taking on a bold legal strategy to make oil and gas companies pay for the climate change-induced destruction in Puerto Rico.
In November, Ms. Sims filed a groundbreaking lawsuit targeting major players in the fossil fuel industry, including Exxon Mobil, Chevron, Royal Dutch Shell, and BP. Her argument centers around the fact that these companies have produced 40 percent of global greenhouse gas emissions since 1965 while deceiving the public about the catastrophic consequences. Notably, her case alleges that these companies violated the Racketeer Influenced and Corrupt Organizations Act, originally designed to combat organized crime. By introducing RICO charges, Ms. Sims opens the door to potentially significant financial damages for the defendants.
What sets this case apart is its focus on seeking damages for a specific weather event. In her comprehensive 247-page complaint, Ms. Sims highlights scientific studies that demonstrate how man-made global warming intensified the 2017 hurricanes, particularly Hurricane Maria, resulting in thousands of deaths and over $100 billion worth of destruction in Puerto Rico. It was the worst storm ever witnessed on the island.
Exxon and ConocoPhillips declined to comment, while Shell stated that it believes climate change should be addressed through smart government policies and collective action rather than litigation. Legal experts predict that if these companies are found liable, the potential damages could amount to hundreds of billions of dollars.
This isn’t the first time Ms. Sims has taken on Exxon. She began her legal career as an associate at a small-town firm in central Illinois, where she became involved in a suit that aimed to hold Exxon accountable for pollution caused by a shuttered zinc smelting facility. While the settlement reached wasn’t substantial, it set an important precedent in demonstrating that even small communities could take on major corporations.
Having successfully litigated against Exxon and other fossil fuel companies in Illinois, Ms. Sims expanded her work to address groundwater pollution caused by a Shell and ConocoPhillips-owned oil refinery in Roxana, Illinois. Through her legal strategy of prosecuting the companies for littering in traffic court, she achieved a settlement of almost $5 million in 2017.
Inspired by her previous victories, Ms. Sims joined Milberg, a prominent class action firm, working on cases related to the opioid crisis. Her assignment was to help build a case on behalf of local governments in Puerto Rico grappling with the fallout of drug addiction. However, after witnessing the devastation caused by Hurricane Maria, she saw a clear parallel between the suffering endured by Puerto Ricans and the actions of fossil fuel companies. Driven by her faith and a sense of justice, she felt compelled to take action once more and sue Exxon.
As she prepared for her day discussing the opioid crisis with local officials, Ms. Sims acknowledged the responsibility of fossil fuel corporations in the climate crisis and felt empowered to hold them accountable. She firmly believes that the destruction caused by climate change in Puerto Rico is the result of these companies’ actions and intends to prove it in court.
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