In the Massachusetts Attorney General’s action alleging that Exxon Mobil Corporation (Exxon) misrepresented and failed to disclose material facts about climate change risks, a Massachusetts Superior Court denied in part and allowed in part the parties’ motions (six by Exxon and two by the Commonwealth) to compel responses to document requests and interrogatories. First, the court said it would not compel further answers to Exxon’s “extraordinarily broad” requests regarding the Attorney General’s investigation and preparation of the case. The court noted that it had previously ruled that Exxon could not pursue defenses based on selective enforcement and improprieties in the investigation. Second, the court ruled that the Commonwealth only had to produce publicly disclosed and publicly available information in response to a request for documents related to the Attorney General’s involvement in rulemaking proceedings and in <a href="https://climatecasechart.com/case/massachusetts-v-epa/">Massachusetts v. EPA</a> and <a href="https://climatecasechart.com/case/kain-v-department-of-environmental-protection/">Kain v. Department of Environmental Protection</a>, which Exxon contended would show that investors and consumers were generally aware of climate risks. Third, the court declined to require the Commonwealth to produce common interest agreements between the Attorney General and other state attorneys generation regarding actions against energy companies. The court allowed the request for documents related to communications with a private attorney the Attorney General considered hiring, but only prior to the date on which the Attorney General began to consider hiring the attorney. Fourth, the court denied Exxon’s requests for information about the Commonwealth’s use of fossil fuels and investment in energy companies but directed the Commonwealth to produce publicly disclosed or available documents responsive to the request for information about the Commonwealth’s knowledge about climate change causes and challenges posed by reducing fossil fuel use. Fifth, the court denied Exxon’s request for documents from other Massachusetts agencies. Sixth, the court directed the Commonwealth to provide additional explanations regarding allegedly deceptive statements were deceptive. Seventh, the court denied Exxon’s motion to compel disclosure of agencies’ internal emails regarding, among other things, purchase of fossil fuel products and knowledge about risks of climate change. Eighth, the court denied Exxon’s request to compel the developer of a wind energy project to disclose internal communications and documents regarding the project. The court stated that even if information about the project was relevant, there had been considerable public information about the project. The court also stated that it was “inconceivable to me that this case could involve the admission of internal information about a particular wind project as bearing on the deceptiveness of Exxon’s representations to its investors, consumers, and regulators in Massachusetts.” Regarding the Commonwealth’s motions, the court said it would require Exxon to adhere to initial agreements for production but would not compel Exxon to provide further response to interrogatories regarding the stranding of hydrocarbon reserves and regarding the statement “Keeps your engine 2x cleaner for better gas mileage.”

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.

Commonwealth v. Exxon Mobil Corp.

<p>This entry was provided by the Sabin Center for Climate Change Law. Please see the terms of use for citation and licensing of third party data.</p>

Massachusetts Court Denied Exxon Motions to Compel More Expansive Document Production in Commonwealth’s Action Alleging Misrepresentations Regarding Climate Risks

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Massachusetts Court Denied Exxon Motions to Compel More Expansive Document Production in Commonwealth’s Action Alleging Misrepresentations Regarding Climate Risks

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Finance