Metro v. Exxon Mobil Corp.

After fossil fuel companies removed an Oregon metropolitan service district’s petition to perpetuate testimony of a former consultant to ExxonMobil to federal court, the federal district court for the District of Oregon adopted a magistrate judge’s findings and recommendations and granted the district’s motion to remand the matter to state court. The metropolitan service district filed the petition to preserve the consultant’s testimony that the district said was “uniquely important to showing ExxonMobil’s prior knowledge about climate change and explaining its actions and omissions based on that knowledge.” The district identified ExxonMobil as “one of the leading likely defendants” in a potential legal action regarding costs of responding to climate change. The district court agreed with the magistrate judge’s conclusion that the petition was not a removable “civil action.”

The magistrate judge recommended that the court remand to state court the petition to perpetuate the testimony of a former Exxon Mobil consultant. The petition was filed in December 2023 by Metro, a “metropolitan service district” encompassing Multnomah, Washington, and Clackamas Counties. Metro is considering bring a similar suit against fossil fuel industry defendants, and filed the petition because Metro believed the testimony of the consultant, who was in poor health, was “uniquely important” to the potential litigation. The magistrate concluded that the petition was not a “civil action” that was removable to federal court.