by Chris Horner, E&E Legal Senior Legal Fellow
As appearing in RealClear Energy
On Oct. 13, a federal court in Ft. Worth, Texas ruled that Massachusetts Attorney General Maura Healey is subject to legal “discovery” by ExxonMobil. This turns the tables on the Attorney General (AG), who had demanded the company’s records as part of an investigation into whether public statements about climate change and related policies rise to the level of lawbreaking. Key to this ruling was Healey’s words and deeds as part of a “climate change and energy coalition” of state Attorneys General.
The court is considering whether to enjoin (block) Healey’s subpoena previously issued for decades of Exxon’s records. After this win ExxonMobil promptly sought to also enjoin New York AG Eric Schneiderman’s similar pursuit.
The court cited public records obtained by myself and the Energy & Environment Legal Institute (E&E Legal) from one of Healey’s coalition partners. Since then, we have obtained many more records, affirming the court’s “concern” that this coalition is pursuing a political, not a legal agenda.