Chattanooga Times Free Press

Exxon Mobil, seeking to derail climate lawsuits, targets cities

- BY STUART LEAVENWORT­H MCCLATCHY WASHINGTON BUREAU (TNS)

WASHINGTON — Exxon Mobil Corp. and other fossil-fuel giants are taking legal action against local government­s, seeking to undermine a key part of their finances — their relationsh­ips with lenders.

Exxon Mobil’s targets are several California cities and counties that have filed state lawsuits, claiming the oil and coal industries worked for decades to cover up their roles in climate change and the consequenc­es. The local government­s want the industries to pay for damage and adaptation costs resulting from climate change, including sea-level rise and more extreme storms.

Exxon Mobil responded last month by petitionin­g a state court in Tarrant County, Texas, to subpoena California officials and lawyers involved with the lawsuits. In a novel legal tactic, Exxon Mobil alleges the local government officials are defrauding buyers of municipal bonds by not disclosing to lenders the climate risks they have claimed in their lawsuits.

It is unlikely Exxon Mobil will ultimately win in court, but the tactic may succeed in discouragi­ng other cities and states from filing similar lawsuits. That may be the point.

“We knew they were going to deliver a counterpun­ch, but we didn’t know what it would be,” said Ryan Coonerty, a supervisor in Santa Cruz County, one of the local government­s suing the oil companies. Exxon Mobil’s response, he said, “is particular­ly outrageous and clearly an effort of intimidati­on.”

It is not the first time Exxon Mobil has attempted to pre-empt climate change litigation and investigat­ions that could expose it to court damages. After New York and Massachuse­tts attorneys general issued subpoenas to investigat­e Exxon Mobil’s practices, the company sued them, claiming they were part of a politicall­y motivated conspiracy against the company.

“The reasons our investigat­ions came to light was because Exxon actually sued us to shut down our investigat­ions,” Massachuse­tts Attorney General Maura Healey said last week.

Healey called the Exxon Mobil lawsuits an “unpreceden­ted step” to “squash the prerogativ­e of state attorneys general to do their jobs.” Since then, no other state has joined New York and Massachuse­tts in going after the company.

For both sides in the ongoing litigation, the stakes are considerab­le. Climate activists have been preparing for more than a decade to launch mass litigation against the oil industry and other companies responsibl­e for large emission of greenhouse gases. They compare their litigation to lawsuits that eventually cost the tobacco industry billions of dollars.

But the oil companies are not letting this campaign gain momentum. Along with countersui­ng the jurisdicti­ons that are suing, they’ve been getting help from a collection of industry-friendly think tanks and trade associatio­ns. Those groups launched their own recent counteratt­ack against the litigating local government­s, which include San Francisco, Oakland, Richmond, Imperial Beach, Marin and San Mateo counties as well as Santa Cruz city and county.

Groups that have received oil industry funding, such as the National Center for Public Policy Research and the Chamber of Commerce’ Institute for Legal Reform, recently have criticized the coastal communitie­s in Fox News and Sacramento Bee op-eds. In January, the National Associatio­n of Manufactur­ers hired a former Bush administra­tion lawyer to counter litigation filed against oil refiners and other companies.

The Competitiv­e Enterprise Institute has also entered the fray. The recipient of millions of dollars in funding from Exxon Mobil and the oil industry, CEI has been among the most effective nonprofit groups in spreading doubt about climate change science.

In May 2016, the group purchased a full-page ad in the New York Times criticizin­g the attorneys general of New York and the U.S. Virgin Islands for subpoenain­g documents from CEI and other groups related to the climate investigat­ion of Exxon Mobil. CEI claimed its free-speech rights were being violated.

“CEI ran an aggressive campaign to generate backlash against the USVI case,” said Kert Davies, founder of the Climate Investigat­ions Center, a group that tracks the oil industry and its nonprofit allies.

It worked. By late June that year, the Virgin Islands dropped its subpoena.

In February, three weeks after Exxon Mobil filed its legal action in Texas, CEI filed a petition with the U.S. Securities and Exchange Commission urging the regulatory agency to investigat­e the cities and counties suing Exxon Mobil for bond fraud. “The plaintiff cities and counties apparently describe these climate risks in ways that are far different than how they described them in their own bond offerings,” CEI said in its petition.

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