Exxon Mobil vs CLF

by John McClaughry

Here’s the latest on the green campaign to punish ExxonMobil, for not having been a champion of green climate change solutions for the past thirty years. A bunch of  environmental activist groups, led by the Conservation Law Foundation (CLF), sued ExxonMobil for allegedly failing to sufficiently prepare a facility in Everett, Massachusetts, for the effects of climate change, including sea-level rise and more frequent and severe storms.

Well, hey, it’s Exxon Mobil’s facility, but that doesn’t deter enviro groups from suing anybody they want to cripple or extort.

On September 12 U.S. District Court Judge Mark Wolf partially granted ExxonMobil’s motion to dismiss CLF’s case, ruling that CLF was unnecessarily injecting climate change into its complaint, to the detriment of its own argument. Wolf says the case is about whether ExxonMobil violated the terms of a Clean Water Act permit from the U.S. Environmental Protection Agency, ordering CLF to refile its complaint with all references to climate change removed.

Wolf’s order made it clear for CLF’s claims to move forward, the organization needed to show ExxonMobil had either caused harm to the plaintiffs,  or that harm was “imminent,” and references to the projected effects of climate change by 2050 or 2100 wouldn’t qualify as such. If the plaintiffs were concerned about the effects of climate change on the facility in 2050, Wolf said, “they should refile their case in 2045.”

All I can say is, Hurray for Judge Wolf.

John McClaughry is vice-president of the Ethan Allen Institute

{ 1 comment… read it below or add one }

John McClaughry October 8, 2017 at 10:54 pm

The irony is that ExxonMobil recently seemed to endorse a carbon tax, in what will be a vain effort to appease the climate change attack dogs.

Reply

Cancel reply

Leave a Comment

Previous post:

Next post:

About Us

The Ethan Allen Institute is Vermont’s free-market public policy research and education organization. Founded in 1993, we are one of fifty-plus similar but independent state-level, public policy organizations around the country which exchange ideas and information through the State Policy Network.
Read more...

Latest News

Judge Kavanaugh and the Constitution

July 12, 2018 by John McClaughry President Trump has nominated Judge Brett Kavanaugh of the D.C. Circuit Court of Appeals, to serve on the Supreme Court. The President...

Brattleboro Bans Plastic Bags

July 10, 2018 By Rob Roper As of July first, it is illegal in the town of Brattleboro to give out “single use” plastic bags; the flimsy, shapeless...

WalletHub Ranks Vermont 4th Worst State to Start a Business

June 9, 2018 by Rob Roper The personal finance website, WalletHub, just published an analysis of the best and worst states to start business. As the site points out, one...

Forcing People to Pay Unions Was Theft

June 29, 2018 by Rob Roper The U.S. Supreme Court’s decision to abolish the practice of pubic-sector labor unions literally stealing money (with state government support!) from non-members...

Health insurance mandate a step backward for Vermont health care

By Meg Hansen “If a mandate was the solution, we could solve homelessness by mandating everybody buy a house,” then-Democratic presidential candidate Barack Obama quipped in a 2008...

Video