ExxonMobil Strikes Again!


By Andy Might

in article 1

I’ve written earlier than concerning the ongoing conflict being waged towards ExxonMobil by far-left grasping tobacco legal professionals like Mathew Pawa and environmental zealots like Naomi Oreskes and the leaders of the far-left Union of Involved Scientists (UCS). You will discover these posts here, here, here, and here.

The tobacco lawsuits labored as a result of tobacco does trigger most cancers, and most cancers has a measurable impact on folks and governments as a result of further medical prices and untimely deaths it causes. To make issues worse, the tobacco firms withheld data that they had on the risks of smoking from the general public. These two details led to Matthew Pawa and the opposite tobacco legal professionals successful their instances.

The concept Pawa, cities in California, and UCS have used to sue ExxonMobil relies on their declare that ExxonMobil knew concerning the risks of local weather change and withheld this data from the general public and will pay consequently. However as I clarify in my final book (pages 158-170), ExxonMobil revealed all their local weather research and had workers on each facet of the difficulty who engaged in energetic debates about local weather change, its attainable risks, and its attainable human origins. Additional, not like tobacco, no significant negative effects of current local weather modifications (man-made or in any other case) have been noticed or measured. The entire debate is over who’s projecting the long run extra precisely, the alarmists or the skeptics, and to this point, nobody is successful that argument, everybody has been mistaken to this point.

So, are these spurious lawsuits accusing ExxonMobil of harm that doesn’t exist, inflicting measurable hurt to ExxonMobil and the good state of Texas? ExxonMobil is countersuing the cities and the tobacco legal professionals, so we’ll discover out! The lawsuit is earlier than the Supreme Courtroom of Texas and the petition is here. It claims that the lawsuits harmed and violated the rights of Texas and Texans, in addition to ExxonMobil.

The lawsuit particularly says the tort lawsuits, by Pawa and a number of other California cities, together with San Francisco, focused the free speech rights of ExxonMobil and its executives, in addition to ExxonMobil publications like their well-known Outlook for Power annual report.

It’s fascinating that whereas cities claimed that the risks of local weather change are sure of their lawsuits, they claimed of their municipal bond choices that the risks of local weather change had been unsure. ExxonMobil requested discovery and commenced a Rule 202 continuing to research claims and protect proof. ExxonMobil is supported in these fits by Governor Abbott of Texas, the Texas Oil and Gas Association, and Texans for Lawsuit Reform.

Can ExxonMobil sue a California metropolis in Texas? Governor Abbott says the next in his letter to the court docket:

“[T]he vitality trade is significant to financial progress in Texas, using tons of of hundreds of Texans and contributing billions of {dollars} a yr in taxes and royalties. … Petitioner is an oil-and-gas firm headquartered in Texas. Respondents are California officers and native governments, plus a Massachusetts lawyer, who’re allegedly utilizing tort lawsuits in California courts as a pretext to suppress the speech of eighteen Texas-based vitality firms with regards to local weather and vitality insurance policies. By participating in such ‘lawfare,’ respondents have flouted ‘rules of state sovereignty and comity [dictating] {that a} State could not impose financial sanctions on violators of its legal guidelines with the intent of adjusting the tortfeasors’ lawful conduct in different States.’* Extra importantly, for current functions, they’ve subjected themselves to the jurisdiction of Texas courts. When out-of-state officers attempt to venture their energy throughout our border, as respondents have carried out by broadly focusing on the speech of an trade essential to Texas, they can’t use private jurisdiction to scamper out of our courts and retreat throughout state strains.”


That is going to be enjoyable to look at.

I’m an ex-employee of Exxon, an ExxonMobil stockholder, and terribly biased on this struggle. So, sue me!

*BMW of N. Am., Inc. v. Gore, 517 U.S. 559, 572 (1996).


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