On December 26, 2019, Massachusetts moved to remand its action against Exxon Mobil Corporation under the State’s consumer protection law back to state court. Massachusetts asserted that its complaint focused solely on alleged violations of the Massachusetts Consumer Protection Act and did not raise any federal claims. The attorney general argued that all of Exxon’s bases for removal were “implausible”  and had no support in law or fact not only because the complaint alleged only violations of a single state law but also because the claims did not require the disposition of any federal issue, did not arise under federal common law, did not involve action by Exxon taken under the direction of a federal officer or agency, and did not constitute a “class action” under the Class Action Fairness Act. The attorney general also said the federal court should ignore Exxon’s allegations of conspiracy—which the attorney general characterized as “unsupported innuendo”—as a basis for removal and instead focus on the “four corners” of the complaint.

Action by Massachusetts attorney general asserting that Exxon Mobil Corporation committed deceptive practices against Massachusetts investors and consumers, including by failing to disclose climate change risks.

Massachusetts v. Exxon Mobil Corp.

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Massachusetts Asked Federal Court to Send Consumer Protection Action Against Exxon Back to State Court

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United States of America

Massachusetts

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Massachusetts Asked Federal Court to Send Consumer Protection Action Against Exxon Back to State Court

Policy instrument

Risk

Just transition

Fossil fuel

Greenhouse gas

Economic sector

Adaptation/resilience

Finance