U.S. Department of Justice

New York AG Subpoenas ExxonMobil, Investigating Peabody Coal for Climate Denial


In a blockbuster story, The New York Times reported that New York Attorney General Eric Schneiderman has subpoenaed oil and gas industry giant ExxonMobil to “determine whether the company lied to the public about the risks of climate change or to investors about how those risks might hurt the oil business.”

ExxonMobil, now also the subject of U.S. congressional and activist group calls for a U.S. Department of Justice investigation, knew about the risks of climate change since the 1970s and studied those risks internally for decades.

But the company subsequently funded climate change denial and disinformation efforts to the tune of at least $31 million.

Congress-backed Interstate Oil Commission Call Cops When Reporter Arrives To Ask About Climate

On October 1, I arrived at the Oklahoma City headquarters of the Interstate Oil and Gas Compact Commission (IOGCC)  a congressionally-chartered collective of oil and gas producing states  hoping for an interview.

There to ask IOGCC if it believed human activity (and specifically oil and gas drilling) causes climate change and greenhouse gas emissions, my plans that day came to a screeching halt when cops from the Oklahoma City Police Department rolled up and said that they had received a 9-1-1 call reporting me and my activity as “suspicious” (listen to the audio here). 

What IOGCC apparently didn't tell the cops, though, was that I had already told them via email that I would be in the area that day and would like to do an interview.

Two Major Lawsuits Filed Against ExxonMobil for Arkansas Tar Sands Spill

Two major lawsuits were recently filed in the U.S. District Court for the Eastern District of Arkansas against ExxonMobil, the “private empire” behind the March 2013 Pegasus tar sands pipeline spill of over 1.1 million gallons of diluted bitumen (“dilbit”) into the neighborhoods and waterways of Mayflower, AR, located in Faulkner County

One is a class-action lawsuit filed by the Duncan Firm, Thrash Law Firm and Parker Waichman LLP on June 27. The other is a suit filed on June 13 by the U.S. Environmental Protection Agency (EPA) in concert with the Arkansas Attorney General's Office, led by AG Dustin McDaniel.

Collectively, both lawsuits lay out the damning facts of the second biggest tar sands pipeline spill in U.S. history, caused by a 22-foot gash in the pipeline, second only to Enbridge's “dilbit disaster” in Kalamazoo, Michigan. The cases also call for the spill's victims - both people, government bodies and the ecosystem - to receive reparations. 

Among other things, both suits clarify that ExxonMobil Pipeline Company dilbit has contaminated Lake Conway, the largest man-made game and fish commission lake*** in the United States, which serves as a tributary of the Arkansas River.

The class-action tort lawsuit slaps ExxonMobil with willful negligence under Arkansas state law, alleging Exxon knew Pegasus - built in the 1940's far before the age of “extreme energy” and designed to carry light crude - would spill at some point. The suit also reveals for the first time that the spill was just the biggest of 13 other spills preceding it, meaning it was not just a spill out of the blue.  

The joint EPA/Arkansas AG civil lawsuit cites Exxon for violating the Clean Water Act, Arkansas' Hazardous Waste Management Act and Arkansas' Water and Air Pollution Control Act.

Taken together, both suits keep the heat on ExxonMobil and on Alberta tar sands production at-large as the battle over the proposed northern half of TransCanada's Keystone XL tar sands pipeline heats up. U.S. President Barack Obama's State Department is expected to make a decision on that pipeline's fate in the next few months. 

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