Los Angeles Times

Where’s Exxon Mobil probe?

California should add its weight to investigat­ions into whether the company defrauded investors.

- Avier Becerra has

Xbeen quite outspoken about much of the work he’s done as California’s attorney general since replacing Kamala Harris, newly elected to the U.S. Senate, in late January. His office has issued more than 70 press releases — about 20 more than Harris issued over the same time frame in 2016 — touting his resolve to combat President Trump’s policies on a range of issues important to California, supporting the appointmen­t of a special prosecutor to look into possible connection­s between Russia and Trump’s presidenti­al campaign, defending Obamacare subsidies and warning consumers about scams, among other updates.

One thing Becerra hasn’t uttered a peep about, though, is the status of California’s investigat­ion into whether Exxon Mobil defrauded investors by publicly questionin­g the link between fossil fuels and global warming while internally accepting the science and trying to find ways to mitigate the risks to its own enterprise. Though her office never publicly acknowledg­ed it, Harris opened an investigat­ion after The Times and Inside Climate News, using internal Exxon Mobil documents, revealed in 2015 that the company’s public declaratio­ns conflicted with its internal practices. But that investigat­ion, environmen­talists believe, stalled when Harris decided to run for the Senate.

Becerra has not responded to entreaties by 18 Democrats in California’s congressio­nal delegation and more than 30 environmen­tal groups, some of which read his silence as a lack of action. Becerra’s office said last week that he “is aware of the public interest in this matter” but declined comment on whether it has an investigat­ion underway. If it doesn’t, it should. Attorneys general in New York and Massachuse­tts already have gone public with their inquiries, based on state securities and fraud laws similar to those on California’s books. Among the issues: Whether Exxon Mobil, by allegedly hiding the truth, led investors to make investment decisions they otherwise might not have.

This isn’t to prejudge Exxon Mobil’s guilt or innocence, although the articles are damning. At best, the corporatio­n’s actions appear to be devious and cynical, and may have delayed efforts to try to limit the scale of global warming. Becerra should fully and publicly join efforts to hold Exxon Mobil accountabl­e if it did, indeed, break the law. The more pressure that can be brought to bear, the more incentive the company — with a market capitaliza­tion of $350 billion, one of the largest corporatio­ns in the country — will have to negotiate a settlement rather than dig in its heels and fight.

The investigat­ions into Exxon Mobil’s apparently two-faced approach to climate change borrow from the years-long fight to force the tobacco industry to acknowledg­e that it intentiona­lly minimized the links between smoking and cancer to protect and expand sales of cigarettes and other tobacco products. In fact, the tobacco and oil industries relied on some of the same researcher­s to forge their public positions denying that smoking and burning fossil fuels involved significan­t health or environmen­tal risks. In the tobacco campaign, state attorneys general ultimately won a 25-year, $246 billion settlement.

After the public revelation­s of Exxon Mobil’s seeming duplicity, attorneys general from more than a dozen states met in March 2016 with environmen­talists charting a challenge of the oil industry following the antitobacc­o campaign playbook. By then, New York had already opened an investigat­ion; following the meeting, Massachuse­tts issued its own subpoenas. After fighting off Exxon Mobil efforts to quash the subpoenas, lawyers in both states are poring over about 1 million pages of Exxon Mobil records. The U.S. Virgin Islands also issued subpoenas, but the tiny territory backed down in the face of expensive court challenges by Exxon Mobil. That’s partly why it’s imperative that California and other states with sizable legal staffs work together to counter Exxon Mobil’s deep pockets.

If the investigat­ions find that Exxon Mobil violated no laws, then the nation will have to be satisfied with that evidence-based conclusion. But the nation also needs to understand that actions by Exxon Mobil and other fossil-fuel firms to marginaliz­e the reality of global warming and climate change have endangered the health of the planet. Fortunatel­y, current leaders of major oil companies have accepted the role of burning fossil fuels in global warming, and are planning a cleaner fuel future. But clearly more needs to be done, and holding Exxon Mobil — and any other energy company — accountabl­e for past misdirecti­ons would help incentiviz­e corporatio­ns to be more transparen­t, and to take a clear-eyed view of the effect they have on the environmen­t.

Newspapers in English

Newspapers from United States