Exxon Strikes Back Against the Climate Witch Hunt

exxon_tiger

Guest essay by Eric Worrall

Exxon has just challenged attempts by Al Gore’s climate witch hunt to “investigate” them, by demanding to know what crime they are supposed to have committed.

Exxon Fires Back at Climate-Change Probe

Argues subpoena represents unwarranted fishing expedition into its records that violates its constitutional rights

Exxon Mobil Corp. went to court Wednesday to challenge a government investigation of whether the company conspired to cover up its understanding of climate change, a sign the energy company is gearing up for a drawn-out legal battle with environmentalists and officials on the politically charged issue.

The company filed court papers in Texas seeking to block a subpoena issued in March by the attorney general of the U.S. Virgin Islands, one of several government officials pursuing Exxon. Wednesday’s filing argues that the subpoena is an unwarranted fishing expedition into Exxon’s internal records that violates its constitutional rights.

“The chilling effect of this inquiry, which discriminates based on viewpoint to target one side of an ongoing policy debate, strikes at protected speech at the core of the First Amendment,” the filing says.

Exxon also dismisses the notion that there is any suggestion of a crime, saying Attorney General Claude Earl Walker “issued the subpoena without the reasonable suspicion required by law and based on an ulterior motive to silence those who express views on climate change with which they disagree.”

A request for comment to the U.S. Virgin Islands’ attorney general’s office wasn’t immediately returned.

Read more: http://www.wsj.com/articles/exxon-fires-back-at-climate-change-probe-1460574535

To date, most companies seem to have been happy to simply pay a bit of Danegeld, and get on with business, when unfairly targeted by green campaigners, rather than engage in a costly and potentially damaging PR battle with groups of fanatics who mostly don’t matter in the long run.

But a government backed investigation, with the possible threat of future RICO charges, is far more serious than a simple PR attack on a company’s corporate image. Exxon appears to have courageously decided to stand their ground, to put an end to this nonsense once and for all – a strategy which may lead them to challenge the increasingly shaky scientific basis of the entire climate scare.

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TA
April 14, 2016 9:58 am

From the article: “Exxon has just challenged attempts by Al Gore’s climate witch hunt to “investigate” them, by demanding to know what crime they are supposed to have committed.”
Yes, that is the central question. What crime *have* they committed?
The replies from the Climate Change Brownshirts ought to be interesting. Let’s see if they can come up with an example of a crime Exxon has committed.
If the supposed crime has anything to do with the human-caused global warming/climate change theory, then the first thing the prosecution will have to prove is that there is such a thing as climate change caused by humans. They can’t do it. Case closed.
This is pure Leftist/crackpot intimidation. Good for Exxon for fighting back, although I don’t see that they have any choice, they are, after all, fighting for their own personal freedoms, and in the process they are defending *our* personal freedoms.
To the Lunatic Left we say: Bring it on! We want this discussion. You don’t.

SAMURAI
April 14, 2016 10:05 am

When .gov is out to get you, the PROCESS is the punishment…
.gov knows the legal case against EXXON is a joke, but they can still make them waste $10’s of millions in legal fees, waste $10’s of millions on man-hour costs related to the discovery process and cause $10’s of millions of lost corporate brand equity.
If Leftist judges go completely insane and actually find Exxon guilty, it could cost Exxon $billions in damages…
i can’t believe how crazy the US has become…
This insanity will not end well…

lowercasefred
Reply to  SAMURAI
April 14, 2016 11:03 am

No, but it will end.

Bryan A
Reply to  lowercasefred
April 14, 2016 2:17 pm

So, again, we need to support them by buying their product almost exclusively Kind of like the Streisand Effect
#SUPPORTEXXON
#BUYEXXONGAS

James Woodruff
Reply to  lowercasefred
April 14, 2016 5:45 pm

”No, but it will end.”
That’s what everyone said about the other chemistry scam: pot’s like heroin.
Did you enjoy pot’s like heroin? You’re going to love, ”More fake chemistry says you owe me money for making the sky hot using fire.”
By putting the gases in the air responsible for cooling the earth more than any other ones- they emit parallel to the earth, helping get rid of energy they reduced by double digits percent simply being part of the atmosphere.
Go look at a chart of sunlight top of atmosphere vs surface: all those notches are due to green house gases.
See the reductions not named over the top there, where the visual light is? That’s also due to the solid and liquid phases of green house gas water as clouds snow ice and liquid, stopping energy from being turned to heat on the surface.
There are only two other major groups: Nitrogen and oxygen, and oxygen reduces energy in through scattering enough to create blue skies.
It’s a scam. The atmosphere is not a heater. The atmosphere is a frigid turbulent light robbing compressed fluid bath chilling a sun warmed rock.
End of story. Which is why those who believed in it despise the public: we knew they were bought and sold chicken sh***s without the guts to stand up for what’s right,
and they know we all knew – and know – who they were and are.

Bryan A
Reply to  lowercasefred
April 14, 2016 10:50 pm

Actually the atmosphere is what warms the Earth by preventing the heat from leaving at night. With out it Earth would be nerely identical to the Moon which fluctuates between 100C or 212F on the day side and -173C or -279F a difference of 273C or 491F between daily high and nightly low on a daily basis Earth varies by about 40F or 50F Or 21 to 26C Atmosphere is your friend

Bryan A
Reply to  lowercasefred
April 14, 2016 10:52 pm

Oops, forgot the hashtags
#ProtectFreeSpeech
#BuyExxonMobileGas

David A
Reply to  lowercasefred
April 15, 2016 6:00 am

True, and the oceans keep the atmosphere moderate.

Felflames
Reply to  SAMURAI
April 15, 2016 2:34 am

My late father taught me something that has stood me in good stead when dealing with government flunkies.
If they come after you with red tape, tell them the first thing you are going to do is look at their personal background, their friends and family.
And then let them know that every questionable thing you find is going into print.
Scorched earth policy.

TA
April 14, 2016 10:14 am

BTW, the record high temperature for yesterday in my area in Oklahoma was 96 degrees, in the year 1936.
I dont recall any year in the 21st century, in Oklahoma, in April, having a temperature nearly that high, although that is not definitive, only my memory. The year 2010, was as hot a summer as I believe I have ever experienced around here (remember, I wasn’t around in the 1930’s :), but I’m pretty sure the real heat only came later in the summer, not in the spring, and the heatwave did not last longer than normal either. I think my particular area was just real close to the center of the high pressure system that year.
Anyway, I thought the record high and year was interesting enough for me to mention, since I make the claim that the 1930’s was hotter than it is today. This is just more anectdotal evidence of that to me.
Exxon ought to show all the Climategate emails to the judge. Let the judge see who the real criminals in this situation are.

John Harmsworth
Reply to  TA
April 14, 2016 10:25 am

I am about 1000 miles North of you in Western Canada where our all time (recorded) was 47C or 117F in 1937. I believe there were heat waves in Australia and Europe in the 30’s as well.

TA
Reply to  John Harmsworth
April 14, 2016 11:14 am

117 degrees is one heck of a high temperature! And that far north! We certainly have not had the extreme weather in the 21st century that was evident during the *decade* of the 1930’s, not just one hot year, mind you, but an entire decade.
I’m looking for some raw temperature data charts covering the antarctic and the southern hemisphere. Newspaper reports said antarctic temperatures “soared” during the 1930’s. Would love to see an unadulterated atmospheric temperature chart of the area.
I have seen charts of raw temperature data that showed Ukraine, and Russia, and China were experiencing extreme heat during the 1930’s, which about covers the NH.
It looks worldwide to me, and the 1930’s weather is, without a doubt, more extreme than anything the Earth has experienced in the 21st century. All you have to do is read the newspaper accounts of the era to understand how extreme the weather really was then. And all this before any “human-caused” was an issue.
Thanks for your temperature record. I’ll add it to my collection. 🙂

ItsStillTooColdInCanada
Reply to  John Harmsworth
April 14, 2016 11:35 am

John, are you sure it wasn’t 45C/113C? That’s my understanding… Midale Saskatchewan near Estevan; like you said in 1937. Certainly would have been reached without any contribution from nearby air conditioners and spurious jet exhaust.

Felflames
Reply to  John Harmsworth
April 15, 2016 2:49 am

It gets warm in OZ , some places more than others.
Marble Bar has an arid climate with very hot summers and mild to warm winters. Most of the annual rainfall occurs in the summer. The town set a world record of most consecutive days of 100 °F (37.8 °C) or above, during a period of 160 days from 31 October 1923 to 7 April 1924.[5]
During December and January, temperatures in excess of 45 °C (113 °F) are common, and the average maximum temperature exceeds normal human body temperature for 6 months each year. Marble Bar receives 159.6 clear days annually. Dewpoint in the summers is between 10 and 15 °C (50 and 59 °F). Rainfall is erratic and sparse, falling largely between December and April. As little as 71.1 mm (2.8 in) can fall in a year, however during heavy wet seasons when the monsoon reaches well south into the Pilbara, as much as 797.9 mm (31.4 in) can fall annually. The most rain recorded in a month is 417.4 mm (16.4 in) in March 2007.

lowercasefred
April 14, 2016 10:24 am

“Constitution? We don’t need no Constitution? I don’t have to show you any stinking Constitution!”
/Al Gore

H.R.
Reply to  lowercasefred
April 14, 2016 12:40 pm

You reminded me of Al’s “No controlling legal authority,” lowercasefred.
Here’s a refresher for those who forgot or an eyeopener for those too young to know.
http://www.washingtonpost.com/wp-srv/politics/special/campfin/stories/op030797.htm

ferdberple
April 14, 2016 10:25 am

If Exxon is manufacturing a dangerous product, why does the government not outlaw the product? It seems that the failing lies with government, in that they have failed to restrict the harmful product even though they know it to be harmful.
This is like saying that cocaine is harmful, but we will allow everyone to sell it. Instead we will go after the manufacturers of cocaine and sue them. It would take only a matter of minutes for cocaine manufacturers to transfer their business overseas, beyond the reach of the US government. They would continue to make cocaine offshore, then middlemen could by it from the offshore manufacturers and sell it legally in the US. And there would be nothing the US could do about it, because selling would not be a crime. The crime would be manufacture.
If you want to end CO2, make it illegal to sell gasoline at the pump. Problem solved.

Crispin in Waterloo
Reply to  ferdberple
April 14, 2016 11:49 am

ferd, not just selling it, making income from others selling it. Tax and spend, double-tax and spend…

Science or Fiction
April 14, 2016 10:51 am

Anyone who knows how to get the documents filed by Exxon to block this subpoena?

Steve Fraser
April 14, 2016 10:53 am

I wonder how the finances of this will play out for the budget of the U.S. Virgin Islands. They issued a subpoena, which IMO they did not write, and filed it in The D.C. District court. EXxonM decides to play hardball, and signals via this action that they are serious. I think THAT message will not be lost on the AGs of the other interested states, who (I think) picked the USVI AG to test the waters.

MacLeod 53
April 14, 2016 10:57 am

After reading this article I was on my way to fill up my Jeep, as usual at my local Shell station, but for some reason the yellow color of the shell sign did not seem right.
Strange thing was, the red white and blue sign at the local Esso (Exxon in Canada) just seemed a little brighter this morning.
While filling up at the Esso I had to smile to myself as I silently mouthed the words, f**k you MR. Gore.

Mike the Morlock
April 14, 2016 10:59 am

As always thank you Eric Worrall
Interesting that Exxon picked Attorney General Claude Earl Walker of the U.S. Virgin Islands to counter.. They (U.S. V.I.) are the weakest link economically. Plus A.G. Walker launched two court cases. While several State A.G. have gotten on the bandwagon Exxon may get the opportunity to deal with them one at a time. So both Exxon and the Competitive Enterprise Institute can tag-team “Earl” in court. I wonder what “Earl’s” budget is? and how quickly Exxon and CEI can run though it. Now think about it. expert witnesses will have to be called and housed at court expense. Exxon and CEI also can call climate scientist “experts” they will be under oath. I’m not sure who would have to pay their way. Think about Dr Mann. Exxon can call him, if he pleads the 5th, to protect his law suit. tsk tsk. He can be offered immunity from criminal prosecution . He may be forced to cut his own throat.
People just think of the implications. These people never expected to have to sit in a court and and be cross examined.
I could go on, but I have take break and go buy popcorn
“Confusion to our enemies”
michael

April 14, 2016 11:06 am

My suggestion on this is to drop Exxon a line (email, phone, snail mail, Facebook if they have one, whatever) and tell them that you support them standing up for their rights. We need to support those wishing to and have the monetary resources to fight against these Gestapo. We need to put down the climate alarmist vampire now before it gets to big to kill.

Reply to  Oscarphone
April 14, 2016 12:23 pm

My suggestion on this is to drop Exxon a line (email, phone, snail mail, Facebook if they have one, whatever) and tell them that you support them standing up for their rights.

That’s a good idea, Oscar. I’m also of the mind that it’s always worth giving praise where it’s due. Every now and then I drop Marc Morano an email thanking him on behalf of the skeptic adherents for all his hard work and dedication, to offset (slightly) the masses of hate-mail that I know he receives – and almost invariably I get a nice ‘thank you’.
So I’m going to drop Exxon Mobil a line too.

hot air
April 14, 2016 11:17 am

Someone ought to sue Gore et all for ’emotional distress’ because of their rhetoric. They got me all worried about climate change that just isn’t happening…

simple-touriste
April 14, 2016 12:02 pm

There are fundamentally two sorts of characters: resistants and kollabos.
During war, you learn who is who. (Oh I referred to WWII, somebody will not be happy.)

Mike the Morlock
Reply to  simple-touriste
April 14, 2016 1:33 pm

simple-touriste,
I plead ignorance. Who are “kollabos or what. …collaborators? Vichy?
michael

TeeWee
April 14, 2016 12:51 pm

Damn good for them. I will support them by using their products.

Resourceguy
April 14, 2016 1:13 pm

I’ll change my weekly gasoline purchase routine and head to an Exxon station nearby.

Editor
April 14, 2016 2:21 pm

This reminds me of IBM standing up to the SCOX shakedown over alleged “UNIX code in linux”, which is still ongoing http://www.groklaw.net/article.php?story=20130723082441261
Anthony can take Pam’s part here… and no… he doesn’t have to wear a red dress.

Red Baker
April 14, 2016 2:21 pm

This is what energy companies can expect from the socialist warmunists they have been supporting for decades. They have legitimized their mortal enemies, they have failed to recognize deadly foes. My bet is the companies will continue to cower and condone.

Reply to  Red Baker
April 16, 2016 11:55 am

Yup, which is why I suggest shareholders suing Exxon Mobil management. Either management was negligent in it’s duties to account for skeptical science, as can easily be led to via blogs like WUWT. Or else, Exxon management KNEW that CO2 catastrophism is a shoddy enterprise, and their profits would be threatened by it’s growth – something Exxon Mobil could have easily crushed, by now.
In either scenario, Exxon Mobil has been a BAD ACTOR, and it’s management deficient in carrying out their duties.

April 14, 2016 3:33 pm

Here in the US, PBS routinely says something along the lines of “This program was made possible by support from (fill in the blank) and viewers like you.”
Not all the programs are “Sesame Street”.
I’m glad that Exxon is not bending over for this.
But (no pun intended) they and other targets for the reaming have funded this kind of stuff for decades.
Don’t just stand up in the courts, turn off your “green”.
(Shell, Dow, etc., are you listening? Will you continue to bow until it’s your turn to receive your “reward”?)

garymount
Reply to  Gunga Din
April 14, 2016 5:44 pm

Shell was recently prominently displayed in a short video at the recent Microsoft Build conference for software developers during one of the key notes. Shell was showing off their scientists using technology to explore underground exploration for more resources. No windmills in sight.

Tsk Tsk
April 14, 2016 4:35 pm

How many children have to die from vitamin A deficiency aided and abetted by the irrational, anti-science of so called green organizations like Greenpeace and FOE before they are investigated for RICO violations and worse?

Robber
April 14, 2016 4:36 pm

The A-G of the Virgin Islands? Was it a bad day fishing down there – too hot so decided to blame XOM?
And would you believe it: In 2015, the U.S. Virgin Islands Water and Power Authority is converting its electric generating stations to use propane instead of residual and diesel fuel oils. I would have thought that solar and wind would be all they need.

Reply to  Robber
April 14, 2016 6:32 pm

Sort of like my thoughts, If win and Solar are so great WHY are the importing fossil fuel to make electricity? Their electric costs have to be as bad as Hawaii. You would think they were doing everything to use that “Free” energy and reduce the cost.

April 14, 2016 6:29 pm

This lawsuit could backfire on the Greens. If anything, the search of Exxon’s data will show that they are pushing Solar and Wind to enhance and Improve their profit potential. Everyone wonderwed why T Boone Pickens promoted wind farms in Texas. I saw right away. The best area for wind was right on top of his NG reserves. He would make a fortune! Even RFK Jr. advocates the opinion I have had for 30 years that use of and advancement of solar and Wind power is the best way to increase the use of Oil and natural gas. In RFK Jr own words ” A wind farm is actually a NG power plant in disguise.”

Reply to  usurbrain
April 15, 2016 2:46 pm

I hesitate to reply here because I don’t remember the links to that would connect “dots” or even what they were. Only that T Boone Pickens was a Gore-type profiteer but on a more local scale.
The gist of what I read a couple of years ago had to do with gaining easements. He would gain from either easements for water lines (water is a big deal in the US Southwest) which he would then use for profit from power transmission or vice versa. (Vague recollection. Forgive me if I’ve got it all wrong. Unlike some renowned climate scientist, I admit the possibility. 😎

co2islife
April 14, 2016 6:29 pm

People should encourage Exxon to fund public debates and open source efforts to create a temperature recreation and climate model. If Michael Mann can create the Hockeystick behind close doors and limited budget, Exxon can sponsor an open and well funded effort.

SomethingFishy
April 14, 2016 7:08 pm

Bit bitter sweet about this. Nice to see a company like Exxon pushing back… But Exxon and other companies spent years funding and paying lip service to many of these groups who have proceeded to use their funding and profile garnered from being taken seriously to harass tons of ordinary citizens, companies, and organizations far too small to fight back.
If companies like Shell and Exxon hadn’t tried to appease their way out of the whole thing in the first place we might not have to have this fight now.

Reply to  SomethingFishy
April 14, 2016 8:45 pm

Who exactly were they funding? Which anti environmental group/skeptic group were they funding? I don’t believe they were. Prove it.

ClimateOtter
Reply to  J. Philip Peterson
April 15, 2016 1:52 am

I don’t think he was referring to ‘anti-environment or skeptic groups.

Amber
April 14, 2016 10:01 pm

This type of branding was the same type of intimidation tactic employed by Nazi brown shirts. People have given up too much to let some bureaucrats attempt to bully them and waste their time on what is one of the biggest overblown scams in history .
If people (including these bureaucrats) don’t want to drive cars with gas or heat their homes no oil and gas company is forcing them to buy legal products which are in large part responsible for much of the improvements in peoples quality of life .
The truth is the world has been warming as we come out of the most recent ice age and anyone that doesn’t think a warming world is good should move to Antarctica and see how you feel at minus -40 . Every activity humans do involves generating CO2, like breathing out . When did we know we were apparently killing the planet by doing so ? The tiny contribution of CO2 from humans is actually a very good thing as forest experts are now confirming for example .
The latest pathetic attempt to harass and bully is just one more desperate attempt to pump hot air into a deflating overblown scam . Exxon the way to stop a bully is punch them in the nose . Cave in and you will never stop running . I am buying your gas as support .

Patrick MJD
April 15, 2016 2:01 am

So, what about Enron and Gore and “carbon” trading?

April 15, 2016 4:22 am

this witch hunt is green fascism.
The science is not settled — the proof is not so much in the fact that the dozens of IPCC models have failed to predict the temperatures in relation to CO2 — but the simpler fact that there are dozens of models.
If the science was settled – there would be but a single model – and it would work