On February 27, 2019, a New York trial court issued a notice allowing the New York attorney general to file a motion to dismiss certain defenses asserted by Exxon Mobil Corporation (Exxon) in the attorney general’s climate change fraud suit against Exxon. The attorney general contended that five of Exxon’s defenses that were based on allegations of prosecutorial misconduct were “inadequately pleaded and irrelevant.” In addition, the attorney general told the state court that the theory behind Exxon’s selective-enforcement claim had already been rejected by the federal district court for the Southern District of New York. In the alternative, the attorney general said it would file motion for a protective order limiting discovery in connection with the five defenses. Exxon opposed the attorney general’s request to file the motions, arguing that the motions were meritless and premature. Exxon said the attorney general could not rely on the federal court decision, which Exxon said did not consider the viability of the state-law defenses is asserting in this case. Exxon also noted that the attorney general had told the Second Circuit that it should affirm dismissal of Exxon’s constitutional claims because Exxon would have a full opportunity to raise objections to the state civil enforcement action. Citing federal and state court decisions in Texas that were generally supportive of Exxon’s theories and claims, Exxon also urged the court to reject the attorney general’s “cherry picking of judicial authority.” In granting permission for the attorney general to file its motion, the court noted that the parties “are involved in disputes in multiple fora and appear to have taken different positions on various issues in different courts.” Nonetheless, the court allowed the motion; the court also said Exxon could proceed with discovery on its defenses. The next conference scheduled in the case is on June 25, 2019.

Action alleging fraudulent scheme by Exxon Mobil Corporation to deceive investors about the company's management of risks posed by climate change regulation.

People of the State of New York v. Exxon Mobil Corp.

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New York Court Allowed Attorney General to Move to Dismiss Exxon’s Prosecutorial Misconduct Defenses in Climate Fraud Case, Said Discovery on Defenses Could Continue in Meantime

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