HARTFORD – Oil giant Exxon Mobil Corp. is heading for trial on claims the company marketed fossil fuel products in Connecticut that have contributed to climate change in the state.
In a 69-page decision issued late last week, Superior Court Judge John Farley ruled a state jury can consider a lawsuit brought by Attorney General William Tong claiming an ongoing, systematic campaign of lies and deception by Exxon Mobil to hide from the public that burning fossil fuels contributes to climate change.
In his decision Judge Farley denied all of Exxon Mobil’s motions to strike the case, stating that the lawsuit is not precluded or preempted by federal law and “sufficiently alleges unfair and deceptive acts or practices in violation of [the Connecticut Unfair Trade Practices Act].”
“[T]he fundamental objective of the lawsuit,” Judge Farley wrote, is “to remedy the defendant’s alleged unfair and deceptive marketing practices.”
Elise Otten, a spokesperson for Exxon Mobil, said in a statement after publication that the “ruling ignores basic reality.”
“The 3.6 million people living in Connecticut deserve affordable energy to heat their homes, do their jobs and take their kids to school,” said Otten. “This ruling ignores that basic reality, and the state’s celebration of ‘complete victory’ is truly unfortunate.”
Connecticut is one of six states, including Massachusetts, Vermont, Minnesota, Hawaii and Colorado, who have sued the oil company in state courts claiming deceptive advertising.
Attorney General Tong sued Exxon Mobil in September 2020 under the Connecticut Unfair Trade Practices Act by engaging in a decades-long “systematic campaign of deception” concerning the impact of its fossil fuel products on the earth’s climate and a more recent “greenwashing” campaign designed to bolster its image as an environmental steward in order to attract consumers.
The oil company countered in its request to strike the lawsuit that: the state’s claims are precluded by federal law because they seek to recover for harm caused by interstate and international emissions and the first amendment to the U. S. Constitution bars all the plaintiff’s claims.
The oil company also argued that the state’s claims for disgorgement of profits and restitution should be stricken because they violate fundamental principles of due process; the claim for restitution is time-barred with respect to conduct prior to September, 2017; and the plaintiff may not seek disgorgement of profits “on behalf of’ citizens.
“ExxonMobil is throwing the kitchen sink at us, trying every angle to invalidate our case,” said Tong. “Once again, they have failed on every count. Our case is simple and strong—ExxonMobil amassed billions of dollars in profits off a decades-long campaign of lies, and they must be held accountable. We are in the midst of discovery and are aggressively prosecuting this case in Connecticut to uncover and expose ExxonMobil’s lies and to hold the company accountable for the harm their deception has caused.”
Richard Wiles, president of the Center for Climate Integrity, called Judge Farley’s ruling a win for communities seeking to hold Big Oil companies accountable for climate deception.
“Exxon has fueled the climate crisis and lied about it for decades, and now Connecticut is one step closer to holding the company accountable for the damage it has caused,” Wiles said. He continued, “Exxon and other Big Oil companies are desperate to avoid facing the evidence of their climate lies, but as this ruling makes clear, the people of Connecticut deserve their day in court. As the fossil fuel industry lobbies Congress for a ‘get-out-jail-free’ card in cases like Connecticut’s, it’s critical for elected officials to stand up and protect communities’ access to the courts.”
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This story has been updated to include comment from Exxon Mobil