The federal district court for the Northern District of Texas transferred Exxon Mobil Corporation’s (Exxon’s) lawsuit challenging climate change investigations by the New York and Massachusetts attorneys general to the Southern District of New York. The Texas federal court said that the Southern District of New York was the proper venue because a substantial part of the events or omissions giving rise to Exxon’s claims occurred in New York City at the AGs United for Clean Power press conference on March 29, 2016. The Texas federal court continued to express concerns about the motives of the attorneys general for commencing their investigations, citing evidence offered by Exxon that the attorneys general acted to further their own political goals in conjunction with the 2016 national election. The court also asked whether the reluctance of the attorneys general to disclose information shared at the March 2016 meeting and information shared after state attorneys general entered into a Climate Change Coalition Common Interest Agreement suggested the attorneys general were “trying to hide something from the public.” The court also noted Exxon’s assertions that the New York attorney general’s investigation had shifted in focus from focusing on historic climate change research to Exxon’s disclosures regarding oil and gas reserves and assets, which Exxon said indicated that the attorney general was “searching for a way to have leverage over Exxon in the public policy debate about climate change.” The court indicated that if the attorney general was “genuinely concerned about seeking protection for New York’s citizens for Exxon’s possible securities fraud regarding its oil and gas reserves and assets,” then he could seek protection for them in a securities class action, <a href="https://climatecasechart.com/case/ramirez-v-exxon-mobil-corp/">Ramirez v. Exxon Mobil Corp.</a>, currently pending before the court.

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. Schneiderman

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Texas Federal Court Transferred Exxon Lawsuit Against Attorneys General to New York Federal Court, Expressed Concerns Regarding Prosecutors’ Motivations

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