U.S. District Judge Valerie Caproni on Thursday, November 30, 2017 heard argument on Massachusetts Attorney General Maura Healey’s and New York Attorney General Eric Schneiderman’s motions to dismiss Exxon’s federal court challenge to their ongoing climate investigations. Law360 has reported that Exxon faced considerable skepticism, particularly of its arguments that the investigations impinged on Exxon’s freedom to participate in the climate change debate: “You don’t have the right to lie in your securities filings,… More
Category Archives: Climate Change
Initiative petition proponents filed with the Massachusetts Attorney General’s Office earlier this week 28 proposed initiative petitions that, if certified by the AG and endorsed by the requisite number of registered voters, could appear on the November 2018 ballot. (See this post for more details on the ballot initiative process.) Interested parties have until Friday, August 11 to (1) submit memoranda setting forth why the AG should or should not certify the measure,… More
Democratic Attorneys General have continued their efforts to combat the Trump administration’s attempts to roll back environmental regulations developed under the Obama administration in two recent actions. Thirteen AGs, including Massachusetts AG Maura Healey, sent a letter last week to Scott Pruitt, the Administrator of the Environmental Protection Agency, threatening legal action if the agency takes steps to weaken or delay the greenhouse gas emissions standards that were established in 2012 for cars and light-duty trucks for model years 2022-2025.… More
On Wednesday, Judge Ed Kinkeade ordered that Exxon Mobil’s suit against NY Attorney General Eric Schneiderman and Massachusetts Attorney General Maura Healey be transferred to the Southern District of New York. The AGs must be breathing sighs of relief this morning.
It’s a very curious order. It’s 12 pages long, yet contains just one sentence explaining why the case is being transferred:
The United States District Court for the Southern District of New York is the proper venue for this case because “a substantial part of the events or omissions giving rise to the claim occurred” in New York City,… More
Exxon’s dispute with Massachusetts AG Maura Healey’s civil investigative demand related to Exxon’s knowledge of climate change both deepened and potentially widened in the last week.
First, on October 13, 2016 United States District Judge Ed Kinkeade handed down an order that will allow Exxon to conduct discovery on Healey’s motives for issuing the CID. The order stems from the AG’s argument, in moving to dismiss, that Exxon’s claim is improperly before the federal court in the Northern District of Texas pursuant to Younger v.… More
This week in the Northern District of Texas, U.S. District Judge Ed Kinkeade heard oral argument on Exxon Mobil’s motion for preliminary injunction against Massachusetts Attorney General Maura Healey’s civil investigative demand, issued to Exxon on April 19, 2016, which sought documents from Exxon related to its analysis of research efforts to study climate change. The argument followed two amicus briefs from state attorneys general across the country.
The first brief,… More
On June 15, 2016, Exxon sued Massachusetts AG Maura Healey in federal court in Texas, seeking to bar the enforcement of AG Healey’s April 19, 2016 civil investigative demand, issued pursuant to M.G.L. c. 93A, the Commonwealth’s unfair and deceptive practice statute. Under c. 93A, § 6, the AG may issue investigative demands “whenever [s]he believes a person has engaged in or is engaging in any method,… More
As we reported in April, the Attorney Generals of New York, California, Massachusetts, and the Virgin Islands have joined in a multistate investigation into Exxon’s knowledge of the relationship between fossil fuels and climate change as far back as 1977. Part of that investigation includes a subpoena from the Attorney General of the Virgin Islands, seeking roughly forty years of records from Exxon related to alleged violations of Virgin Islands law. … More
What began with an investigation by NY AG Eric Schneiderman, later joined by California AG Kamala Harris, has become a multistate AG investigation into Exxon’s knowledge of the contributions of fossil fuels to climate change going back as far as 1977. On March 29, 2016, AGs from Massachusetts and the Virgin Islands announced that they were joining with the NY and CA AGs. … More
Kamala Harris Puts Exxon Under Her Microscope: California AG Reportedly Has Launched Review of Oil Giant’s Statements On Climate Change
Students of history know that fighting a two front war is a hazard to be avoided. According to the L.A. Times, however, that is precisely the dilemma that now faces Exxon Mobil: dual investigations from attorneys general on each coast of the United States.
Several sources are reporting that California Attorney General Kamala Harris’ office is examining what Exxon knew about the science of climate change compared with what the company told investors. … More