Exxon sues law firm that sought climate change documents
A law firm representing the attorney general of the U.S. Virgin Islands is facing a lawsuit that claims its subpoena for climate-change documents from Exxon Mobil is an abuse of process.
Exxon filed the suit last week against Cohen Milstein Sellers & Toll and U.S. Virgin Islands Attorney General Claude Walker, the Am Law Daily (sub. req.) reports.
The suit (PDF) claims Walker gave Cohen Milstein the authority to act as a prosecutor, yet it isn’t disinterested in the case because it may be earning a contingency fee. The suit alleges constitutional violations of the right to free speech, due process and protection against unreasonable searches and seizures. Exxon filed the suit in Tarrant County, Texas.
Walker was among a coalition of 20 state attorneys general who announced at a March press conference that they planned to investigate energy companies. Their work is similar to the crusades against tobacco companies, according to the Am Law Daily.
The Exxon subpoena alleged the company misrepresented its knowledge that its activities contribute to climate change, amounting to a civil RICO violation. The allegation “amounts to little more than a weak pretext for an unlawful exercise of government power,” Exxon’s suit says.
Cohen Milstein chairman Joseph Sellers told the Am Law Daily that he couldn’t comment on the litigation. He added, however, that “many of the facts alleged about our firm are incorrect.” Walker said in a statement that he has a duty to protect Virgin Islands residents, and using a private law firm is “entirely proper.”
