Exxon's Opposition to Climate Fraud Probes Gets Less Sympathy From NY Judge

After case is transferred from Texas, judge skeptical of Exxon's appeal to stop NY and Mass. investigations, as company gets support of 11 GOP attorneys general.

A New York judge has signaled to lawyers for ExxonMobil that she is skeptical of their arguments to derail climate fraud investigations by the attorneys general of New York and Massachusetts.  Exxon's position had won the support of a judge in Texas whose rulings were heavily weighted in its favor.

U.S. District Court Judge Valerie E. Caproni made her observations during a hearing Friday, when she told Exxon's lawyers she disagrees with comments made by Judge Ed Kinkeade earlier this month when he transferred the case from Texas to New York.

Exxon had sought an injunction in Texas to halt climate change investigations by New York Attorney General Eric Schneiderman and Massachusetts Attorney General Maura Healey. There, Kinkeade's rulings mostly went in Exxon's favor, including a controversial order that would have allowed lawyers for Exxon to depose Healey and Schneiderman.   

In his last official action on the case, Kinkeade expressed skepticism about the two states' investigations into whether the company's climate record amounted to fraud.

"I have a different view of this case than Judge Kinkeade," Caproni said after listening to Exxon's lawyers explain why they think their case against the attorneys general should proceed.
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Caproni set May 19 as the deadline for Schneiderman and Healey to file motions to dismiss the federal case.

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