HEALEY CAN GAS UP EXXON PROBE
Mass. judge sides with AG on obtaining records
A superior court judge has cleared the way for Attorney General Maura Healey to continue her probe into what Exxon Mobil knew about global warming — and to keep the case in the Bay State.
Using the state consumer fraud statute, Healey is seeking documents dating to 1976 on what the oil giant may have known about climate change. Exxon wanted the investigation stopped, but Suffolk Superior Court Judge Heidi E. Brieger has sided with the AG.
“If Exxon presented to consumers potentially misleading information about the risks of climate change, the viability of alternative energy sources, and the environmental attributes of its products and services ... the Attorney General may conclude that there was a 93A violation,” Brieger wrote.
Exxon sued Healey here and in federal court in Texas to stop her probe into whether the $171-billion, Texas-based corporation has deceived consumers and investors about the potential environmental hazards of fossil fuel. The AG wants 40 years of records on Exxon’s environmental research.
Yesterday’s ruling allows Healey to keep digging. The oil giant said last night it was considering what to do next.
“We are reviewing the decision to determine next steps,” said Alan T. Jeffers, spokesman for Exxon Mobil Corp.
Exxon argued that Healey should be removed from the case, citing comments that she made at a press conference saying corporations must be held accountable for misleading statements about climate change. Here Brieger also sided with Healey.
“Exxon also argues that the (Civil Investigative Demand) is politically motivated, that Exxon is the victim of viewpoint discrimination, and that it is being punished for its views on global warming,” Brieger wrote. “Nothing in the Attorney General’s comments at the press conference indicates to the court that she is doing anything more than explaining reasons for her investigation to the Massachusetts consumers she represents.”
Brieger rejected Exxon’s request to have the case removed from Massachusetts and heard in a Texas federal court. Exxon had said that Healey does not have the power to bring a suit against a Texas corporation in Massachusetts.
The judge added: “The court determines that the interest of substantial justice dictate that the matter be heard in Massachusetts.”