Calling Exxon’s claims against New York Attorney General Schneiderman and Massachusetts Attorney General Healy “implausible,” a NY District Court dismissed Exxon’s lawsuit against the attorney generals (AGs) with prejudice. The two AGs have been investigating “whether Exxon misled investors and the public about its knowledge of climate change and the potential effects that climate change may have on Exxon’s business.” In response, Exxon filed suit claiming the AGs’ investigation violated Exxon’s constitutional rights as retaliation for “[Exxon’s] speech relative to climate change and the ‘policy tradeoffs of certain climate initiatives.’” In dismissing Exxon’s complaint for failing to state a claim, the court held that Exxon’s First, Fourth, and Fourteenth Amendment claims failed to adequately allege that the AGs investigation is motivated by an improper purpose.
Exxon Mobil Corp. v. Schneiderman, No. 17-CV-2301, 2018 WL 1605572 (S.D.N.Y. Mar. 29, 2018)