Visit ArabTopics.com

Judge Rejects Exxon's Attempt to Shut Down Climate Fraud Investigations

The federal judge called Exxon's claim that its free speech rights were being violated by the state investigations 'a wild stretch of logic.'

By John H. Cushman Jr. and David Hasemyer / Inside Climate News.

 Aaron P. Bernstein/Getty Images

The attorneys general of New York and Massachusetts are investigating whether Exxon's questioning of climate change science and downplaying of its risks constituted fraud against the public and investors. Credit: Aaron P. Bernstein/Getty Images

With a sharp rebuke, a federal judge on Thursday rejected Exxon's attempt to shut down two state investigations into whether the oil giant misled investors for years about the risks of climate change.

U.S. District Court Judge Valerie Caproni dismissed Exxon's complaint with prejudice, meaning the company can't refile it.

In the first line of her ruling, the judge describe Exxon's actions as "running roughshod over the adage that the best defense is a good offense."

"The relief requested by Exxon in this case is extraordinary: Exxon has asked two federal courts—first in Texas, now in New York—to stop state officials from conducting duly-authorized investigations into potential fraud," she wrote. "It has done so on the basis of extremely thin allegations and speculative inferences."

Caproni dismissed Exxon's claim that Attorneys General Maura Healey of Massachusetts, Eric Schneiderman of New York, and others had launched a conspiracy to deprive the company of its First Amendment rights and silence its views on climate change.

Exxon claimed the plot roped in activists, lawyers and philanthropies and culminated when the group AGs United for Clean Power held a press conference in 2016.

Exxon's key evidence for this theory involved statements made at that press conference, and was the result of "cherry-picking snippets" from the transcript, the judge said.

"Nothing that was said can fairly be read to constitute declaration of a political vendetta against Exxon," Caproni wrote.

Sign up for InsideClimate News Weekly

Our stories. Your inbox. Every weekend.

 

Exxon's allegations that the attorneys general "are pursuing bad faith investigations in order to violate Exxon's constitutional rights are implausible," the judge wrote. And she said that it was "a wild stretch of logic" for Exxon to contend that Healey's and Schneiderman's tone and comments about public confusion related to climate change showed any intent to "chill dissenting speech."

"The American people deserve answers from Exxon, and we will get them," Healey, the Massachusetts attorney general, wrote on Twitter in announcing the ruling. Schneiderman, too, said his probe would continue.

Exxon spokesman Scott Silvestri told Reuters the company was evaluating its legal options. "We believe the risk of climate change is real and we want to be part of the solution," he added.

Investigators and Investigative Reporting

Healy and Schneiderman had announced their investigations into Exxon following the publication of an investigative series of stories in InsideClimate News and later the Los Angeles Times that disclosed Exxon long understood the consequences of global warming but engaged in a campaign to cast doubt on the scientific conclusions.

The judge rejected Exxon's arguments that the news articles, which were based on decades of internal company documents as well as interviews and historical sources, were used as a pretext by the attorneys general.

"The only basis for Exxon's allegation that these articles are a pretext is that, according to Exxon, the documents cited in the articles 'demonstrate that [Exxon]'s climate research contained myriad uncertainties and was aligned with the research of scientists at leading institutions at the time'," she wrote.

"Assuming the truth of Exxon's characterization of the documents, they appear to support the AGs' legal theory that Exxon's internal research was consistent with the scientific consensus but that Exxon made statements to the market and the public that suggested otherwise. In any event, Exxon has included no factual allegations that tend to show that the AGs do not believe that the articles based on Exxon's documents have raised legitimate concerns that should be run to ground," the judge wrote.

Did Exxon Mislead Investors on Climate Change?

The two investigations focused on those very concerns: whether past statements by Exxon questioning climate change science and downplaying its risks to the company constituted a form of fraud against the public and its shareholders.

At first, Exxon complied with New York's demands, providing more than a million documents. But it filed suit in federal court in Texas in June 2016 against Healey, and later added Schneiderman.

In Texas, the company found a judge sympathetic to its arguments. In a 2016 ruling that appeared to turn the tables by allowing the investigated to become the investigators, U.S. District Court Judge Ed Kinkeade, in Texas, ordered Healey and Schneiderman to appear for depositions under questioning by Exxon lawyers.

Kinkeade justified the order by saying he thought Healey, especially, had acted in bad faith when opening the Exxon investigating.

The two attorneys general argued Exxon lacked jurisdiction to fight the case in the Texas court because it was the improper to sue them outside of their jurisdictions. Kinkeade finally relented and ordered the case transferred to New York while at the same time signaling his support of Exxon's arguments.

Caproni's ruling on Thursday dismissed the federal case, but Exxon and the two attorneys general remain locked in legal combat in New York and Massachusetts state courts.

Exxon's bid to block Healey's investigation in the state courts has been sent to the Massachusetts Supreme Judicial Court, the last stop on legal path there. A ruling could come as soon as May.

The case in New York continues its legal journey, which has produced disclosures that former Exxon CEO and later Secretary of State Rex Tillerson used a shadow email account under the alias "Wayne Tracker," and allegations that the company used one set of numbers in describing greenhouse gas risks to investors but used a secret set internally.

"Exxon has run a scorched earth campaign to avoid answering our basic questions about the company's awareness of climate change," Healey said in a statement on Thursday. "Massachusetts customers and investors deserve answers from Exxon about what it has known about the impact of burning fossil fuels on its business and the planet, and whether it hid this information from the public."

Source: 
The Real News

Dear friends of this aggregator

  • Yes, I intentionally removed Newsbud from the aggregator on Mar 22.
  • Newsbud did not block the aggregator, although their editor blocked me on twitter after a comment I made to her
  • As far as I know, the only site that blocks this aggregator is Global Research. I have no idea why!!
  • Please stop recommending Newsbud and Global Research to be added to the aggregator.

Support this site

News Sources

Source Items
WWI Hidden History 51
Grayzone Project 264
Pass Blue 265
Dilyana Gaytandzhieva 16
John Pilger 420
The Real News 367
Scrutinised Minds 29
Need To Know News 2861
FEE 4952
Marine Le Pen 391
Francois Asselineau 25
Opassande 53
HAX on 5July 220
Henrik Alexandersson 1040
Mohamed Omar 393
Professors Blog 10
Arg Blatte Talar 40
Angry Foreigner 18
Fritte Fritzson 12
Teologiska rummet 32
Filosofiska rummet 121
Vetenskapsradion Historia 169
Snedtänkt (Kalle Lind) 233
Les Crises 3108
Richard Falk 185
Ian Sinclair 115
SpinWatch 61
Counter Currents 10491
Kafila 516
Gail Malone 42
Transnational Foundation 221
Rick Falkvinge 95
The Duran 10228
Vanessa Beeley 158
Nina Kouprianova 9
MintPress 5738
Paul Craig Roberts 2084
News Junkie Post 58
Nomi Prins 27
Kurt Nimmo 191
Strategic Culture 5297
Sir Ken Robinson 25
Stephan Kinsella 104
Liberty Blitzkrieg 865
Sami Bedouin 65
Consortium News 2685
21 Century Wire 3758
Burning Blogger 324
Stephen Gowans 94
David D. Friedman 157
Anarchist Standard 16
The BRICS Post 1526
Tom Dispatch 562
Levant Report 18
The Saker 4591
The Barnes Review 544
John Friend 503
Psyche Truth 160
Jonathan Cook 162
New Eastern Outlook 4377
School Sucks Project 1785
Giza Death Star 2015
Andrew Gavin Marshall 15
Red Ice Radio 631
GMWatch 2438
Robert Faurisson 150
Espionage History Archive 34
Jay's Analysis 1053
Le 4ème singe 90
Jacob Cohen 213
Agora Vox 17049
Cercle Des Volontaires 443
Panamza 2330
Fairewinds 117
Project Censored 1019
Spy Culture 577
Conspiracy Archive 78
Crystal Clark 11
Timothy Kelly 595
PINAC 1482
The Conscious Resistance 888
Independent Science News 83
The Anti Media 6793
Positive News 820
Brandon Martinez 30
Steven Chovanec 61
Lionel 300
The Mind renewed 449
Natural Society 2621
Yanis Varoufakis 1045
Tragedy & Hope 122
Dr. Tim Ball 114
Web of Debt 151
Porkins Policy Review 441
Conspiracy Watch 174
Eva Bartlett 621
Libyan War Truth 341
DeadLine Live 1916
Kevin Ryan 64
BSNEWS 2090
Aaron Franz 248
Traces of Reality 166
Revelations Radio News 121
Dr. Bruce Levine 151
Peter B Collins 1660
Faux Capitalism 205
Dissident Voice 11222
Climate Audit 226
Donna Laframboise 467
Judith Curry 1149
Geneva Business Insider 40
Media Monarchy 2516
Syria Report 78
Human Rights Investigation 93
Intifada (Voice of Palestine) 1685
Down With Tyranny 12559
Laura Wells Solutions 46
Video Rebel's Blog 445
Revisionist Review 485
Aletho News 21407
ضد العولمة 27
Penny for your thoughts 3141
Northerntruthseeker 2523
كساريات 37
Color Revolutions and Geopolitics 27
Stop Nato 4762
AntiWar.com Blog 3207
AntiWar.com Original Content 7239
Corbett Report 2470
Stop Imperialism 491
Land Destroyer 1243
Webster Tarpley Website 1126

Compiled Feeds

Public Lists

Title Visibility
Funny Public