Exxon Is Discouraging Witnesses in Climate Suit, N.Y. Says

Exxon gas station as sun sets
Exxon says the New York Attorney General's office is taking too long to disclose its list of third-party witnesses. (Luke Sharrett/Bloomberg News)

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New York accused Exxon Mobil Corp. of trying to discourage potential witnesses in a state lawsuit alleging the oil and gas company misled investors about the financial impact of climate change.

Exxon is swamping investors and financial advisers who may be called to testify with demands for documents already covered by the state鈥檚 own subpoenas, lawyers for New York Attorney General Letitia James said Aug. 7 in a letter to a judge in Manhattan.

鈥淭hird parties cannot reasonably be expected to make vast document productions, sit for depositions, and testify at trial in a matter of weeks, and Exxon Mobil鈥檚 attempt to require them to do so is likely aimed at discouraging their trial testimony,鈥 the letter said.



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The requests are 鈥渦nreasonable by design,鈥 the AG鈥檚 office said in an earlier letter to the court. One potential witness has already backed out as a result, it said.

鈥淣othing could be farther from the truth,鈥 Exxon鈥檚 lawyers said in a letter to the court responding to the claim. Exxon is merely trying to 鈥渞ectify the consequences鈥 of the AG鈥檚 office taking too long to disclose its list of third-party witnesses, they said.

New York sued Exxon in October after a three-year probe that reached the highest levels of its leadership. The lawsuit focuses on Exxon鈥檚 use of so-called proxy costs for carbon to calculate the financial impact of future regulations on the business. The state claims Exxon sought to 鈥渄eceive investors into believing that the company was managing the risks of climate-change regulation.鈥 Exxon says the suit is meritless and 鈥渢ainted鈥 by 鈥渃losed-door lobbying鈥 by environmental interests.

The Democratic attorney general and the Irving, Texas, energy company are jockeying for the upper hand ahead of a trial set to start Oct. 23.