At a hearing on June 12, 2019, a New York trial court dismissed affirmative defenses related to alleged conflicts of interest and official misconduct in the New York Attorney General’s climate change fraud action against Exxon Mobil Corporation (Exxon). The court reserved its decision on Exxon’s defense of selective enforcement pending submission of additional documents. The court directed the parties to submit three-page letters on potential depositions of Office of Attorney General (OAG) staff. In addition, the court granted OAG’s motion to seal certain emails between OAG attorneys and a third-party attorney. The court also addressed a dispute over access to former Attorney General Eric Schneiderman’s personal email account, which Exxon alleges was used to conduct official business relevant to Exxon’s defenses. The court directed OAG to provide “a less carefully worded statement” to provide confidence “that anything that was official business or related to this investigation was made available” to Exxon “via communications sent by Mr. Schneiderman to his official account.”

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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State Court Dismissed Exxon’s Defenses Accusing Attorney General’s Office of Misconduct in Climate Change Fraud Action

Filed

United States of America

New York

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State Court Dismissed Exxon’s Defenses Accusing Attorney General’s Office of Misconduct in Climate Change Fraud Action

Policy instrument

Risk

Renewable energy

Fossil fuel

Economic sector

Finance