The Second Circuit Court of Appeals rejected Exxon Mobil Corporation’s (Exxon’s) appeal of a district court’s dismissal of Exxon’s lawsuit asserting that the New York and Massachusetts attorneys general engaged in viewpoint discrimination and violated Exxon’s constitutional rights by pursuing investigations of Exxon’s allegedly deceptive speech regarding climate change. The Second Circuit concluded that Exxon’s claims against the New York Attorney General were moot because the Attorney General had concluded its investigation and Exxon had prevailed in the subsequent state court enforcement <a href="https://climatecasechart.com/case/people-v-exxon-mobil-corporation/">action</a> that the Attorney General brought. The Second Circuit further found that Exxon “failed to establish a reasonable expectation that the conduct at issue” (the Attorney General’s fraud investigation) would recur, particularly because the Attorney General decided not to appeal the decision in favor of Exxon. The Second Circuit also rejected Exxon’s contention that injunctive relief was still available because the federal court could order the return or destruction of documents produced in discovery or the appointment of a monitor. In addition, the Second Circuit found that Exxon’s request for a declaratory judgment did not constitute a claim for prospective relief to remedy an ongoing constitutional violation. The Second Circuit also agreed with the district court that the doctrine of res judicata precluded Exxon’s claims against the Massachusetts Attorney General because Exxon could have raised its claims in an earlier state court <a href="https://climatecasechart.com/case/in-re-civil-investigative-demand-no-2016-epd-36/">proceeding</a> in Massachusetts.

Action by Exxon Mobil Corporation to bar enforcement of civil investigative demand issued by Massachusetts attorney general and subpoena issued by New York attorney general.


Exxon Mobil Corp. v. Healey

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Second Circuit Rejected Exxon Appeal of Dismissal of Constitutional Challenge to New York and Massachusetts Climate Investigations

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United States of America

New York

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