Connecticut v. Exxon — the Sher Edling connection

From the Gelbspan Files

 Russell Cook

Ok, that was an utterly predictable development. This news was announced at the Energy in Depth site in their July 1, “Connecticut Joins the Club: State Quietly Enlists Sher Edling in National Climate Lawfare Campaign” article. I dissected the ‘indeptendently-led’ Connecticut v Exxon in my October 24, 2020 blog post, pointing out how it was only half as effective as the pile of Sher Edling boilerplate copy lawsuits because it relied on the second best accusation material the enviro-activists have in their arsenal about ‘industry-led disinformation campaigns.’ An accusation based on a never implemented – (never implemented!) industry memo, by the way.

Maybe now, the San Francisco-based Sher Edling law firm can show how the most effective way of committing climate issue political suicide is done, since they rely on that worthless memo evidence and another worthless, never-implemented memo in their boilerplate copy series of lawsuits across the U.S. Plus, there is one other possible problem which perhaps might indicate this co-counsel situation was somehow already in the works maybe on an informal basis back in 2020.

The Connecticut lawsuit effort joining forces with Sher Edling is not unprecedented. The Colorado case that’s headed for a hearing at the Supreme Court later this year got itself adopted by Sher Edling in 2023, which I described here after the Energy in Depth site put out that news at that time. Three years earlier, the supposedly independent Minnesota v API lawsuit jumped onto the Sher Edling Assistance bandwagon, as I detailed here. While there is no obvious connection of California Attorney General Rob Bonta to the San Francisco Sher Edling law firm, how coincidental is it that when AG Bonta filed his CA v Exxon lawsuit, his office apparently plagiarized accusation material out of the Sher Edling-handled New Jersey AG’s Platkin v Exxon filing? For some odd reason, however, AG Bonta’s filing elected not to use a citation source which Sher Edling had long used over the course of many filings, it instead substituted an entirely new source. But how significantly more coincidental is it that when Sher Edling filed their Chicago v BP, they apparently plagiarized not only AG Bonta’s accusation word-for-word (it was easier for me to drop in a translucent box where the identical wording ended), but also his new citation source?

Basic point is, the interconnectedness of these lawsuits becomes ever more apparent the deeper anyone examines these.

This is where the “one other problem” I mentioned up above comes in: back in 2022, CBS Morning News decided to seemingly out-of-the-blue do a broadcast piece titled “Suing over climate change: Taking fossil fuel companies to court.” I went through its fatal faults in my April 2022 blog post, noting how it was prominently interviewing two people, most notably Connecticut Attorney General William Tong. Readers can follow along in the online transcript via the broadcast video box to the right of the transcript – they quote AG Tong five times, but what I thought was particularly problematic was how both in the broadcast video and in the online transcript, they featured images they attributed to the 1991 “Information Council for the Environment” newspaper advertorial public relations campaign immediately before having AG Tong say,

“I’m suing ExxonMobil because they lied to us.”

Whether inadvertently or deliberately, CBS News Morning was implying that AG Tong was speaking about the lies in the newspaper advertorials, along with the other specific documents mentioned in the broadcast / transcript which are described as being in AG Tong’s lawsuit filing.

Those two newspaper advertorials are not mentioned in any way within AG Tong’s Connecticut v Exxon. Both are a mainstay in the Sher Edling firm’s accusations (e.g. in their Hawaii v BP filing) that the fossil fuel industry ran disinformation campaigns. The “Chicken Little” advertorial, however, was never published anywhere, nor was the “Doomsday is Canceled” ad which Sher Edling loves to show. But as I noted in my April 2022 blog post about this CBS broadcast, the other newspaper advertorial in their video is one that was actually published. Except the surprise to me was that it was not the murky degraded photocopy version seen in the Sher Edling filings (and identically in Greenpeace USA’s scans collection), it was a version which had clear-looking text below the main caption. Where else – as I asked in my April 2022 blog post – had I seen that new-to-viewing-audiences far more clear “Most Serious” newspaper advertorial?

In a BBC online news article. Which prominently relied on Naomi Oreskes.

Naomi Oreskes is on retainer with Sher Edling. And now Sher Edling is assisting Connecticut AG Tong.

How coincidental is it that?

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19 Comments
Chris Hanley
July 12, 2026 11:32 pm

In a BBC online news article. Which prominently relied on Naomi Oreskes.
Naomi Oreskes is on retainer with Sher Edling.

These interminable ‘ExxonKnew’ claims and cases are becoming farcical, it’s been going on for sixteen years at least since the Oreskes and Conway book Merchants of Doubt, Wiki tells me only one judgement has been handed down which Exxon won (People of the State of New York v. Exxon Mobil Corp. 2018).
It all reminds me of the never-ending Jarndyce v. Jarndyce case, the ‘McGuffin’ in Dickens’ Bleak House, where an elderly eccentric character Miss Flite’s ‘obsessive fascination with the case veers between comedy and tragedy’ and ‘ the ending of the case reduces the whole court to fits of laughter’ (Wiki paraphrase).

SxyxS
Reply to  Chris Hanley
July 13, 2026 4:48 am

Iirc the ExxonKnew Nonsense goes back to 1977 – a time when the Ice Age Scare was going strong.

While the Mainstream Science and MSM was on its way to manufacture the global cooling scenario – with no less than a 97% consense and covering the arctic with soot was considered for years a valid option to stop the cooling and safe us.,
of all people it were Exxon’ s climate denying conspiracy theory experts who for some reason knew what all the other superexperts like Paul Ehrlich,John holdren and Stephen Schneider(who predicted 5 degrees cooling – RCP 8.5 in reverse) didn’t know before they converted to warmism.
How was this even possible?

And while nowadays the priests of 97% consense with all their supercomputers and supermodels still can’t predict shit 50 hours in advance
the Exxon guys using an Abacus knew what will happen in 50 years.

Russell Cook
Reply to  SxyxS
July 13, 2026 8:22 am

the ExxonKnew Nonsense goes back to 1977 – a time when the Ice Age Scare was going strong. …

That’s the other aspect of these lawsuits that has me climbing the walls, besides their meritless accusations about industry disinfo campaigns that’s based on never-implemented industry memo recommendations.

There is no way Exxon et al. could have known as far back as the 1970s with any certainty whatsoever that use of their products would cause global warming, in the face of all the reports about an imminent ice age.

July 13, 2026 12:20 am

I hope the oil companies are counter suing these law firm leeches for enough damages to put them out of business forever. It’s astonishing that these lawsuits are legal and allowed because they are immoral and waste fortunes for no benefit and tie up already overloaded courts.

SxyxS
Reply to  stinkerp
July 13, 2026 4:57 am

IMO the purpose of these lawsuits is to financially bleed out the oil companies and make
oil exploration,exploitation and production a high risk business vulnerable to arbitrary lawsuits of any kind – to decarbonize through the backdoor.

Counter suing won’t help much as the law firms don’t have the money and will start to operate under a different name.
And in a left one party state and left judges the chances to win is about 0.

Reply to  SxyxS
July 13, 2026 9:51 am

I am certainly no lawyer or legal expert, but would they have to counter-sue in a blue state? for example, Exxon is headquartered in Houston, I think. Couldn’t they counter-sue in Texas?

Reply to  SxyxS
July 13, 2026 12:43 pm

After a Google/ Gemini AI search: Exxon & Chevron among others have countersued using “anti-SLAPP” motions [a law that helps defend against frivolous lawsuits by deep-pocketed entities] and RICO [Racketeer Influenced & Corrupt Organization Act – originally aimed at the Mafia]. However, no wins so far.
The Energy Transfer Corp successfully sued Greenpeace over its actions regarding the Dakota Access Pipeline riots.

Russell Cook
Reply to  stinkerp
July 13, 2026 9:05 am

 …. It’s astonishing that these lawsuits are legal and allowed ….

That’s the main aspect of these lawsuits that has me climbing the walls – I’m not a lawyer, don’t play one on TV, but from what I understand about the prima facie term as it applies to court cases moving forward or not, specific claims about situations that are a concern in lawsuits must have valid evidence to back them up. In these, the claim is that the industry knew their products caused CAGW, but deceived the public about the harm. Sure, a court / jury can determine if the public was harmed when the energy leaders knew better, but the specific claim that particular deception campaigns/efforts happened needs to be shot down by the judge hearing the case when no evidence is available to support the claim that the campaign / specific efforts surrounding it deliberately deceived anyone. Nobody operated under a directive to “reposition global warming” nor were specific newspapers ever published that are offered as evidence as ‘evidence’ about that memo directive, and there was no widespread goal to declare “victory” by the industry because nobody was operating under that never-implemented memo plan, either, and our friend Willie Soon was never paid $1.2 million by Exxon or anybody else to put out disinformation.

The “reposition global warming” memo has been a mainstay in these lawsuits from the start, but it’s easily proven how the memo set was rejected and never implemented anywhere and was actually thrown into the trash by the people it was proposed to. It thus cannot serve as evidence that any disinfo campaign operated from it. Think of it this way, if I wrote up a memo proposal to Anthony Watts on an idea to have him recant all he knows about CAGW while knowing it is false entirely as an experiment to see how many news outlets publish it without questioning it – and Anthony rejects it outright – but then somebody I shared the proposal with leaks it to Desmogblog, those idiots cannot then use my memo as evidence that WUWT puts out disinformation, and a lawsuit against Anthony would have to be thrown out if claims of him harming/deceiving the public are based on my memo. It’s no more complicated than that.

Bruce Cobb
July 13, 2026 1:30 am

Big Clime had best be careful, or they could wind up on the wrong end of a RICO charge.

July 13, 2026 3:20 am

This would be worrisome if Sher Edling and associates were competent. But they aren’t.

By my count, the ‘Exxon knew’ Oreskes approach dating from her 2011 lawfare planning retreat at Scripps, the ‘public nuisance doctrine’ lawfare approach (e.g. San Fransisco kids versus future sea level rise), and various others such as Delaware v. BP based on alleged ‘consumer fraud’, have a combined US lawfare score of 0 for 22 last time I checked.

One definition of insanity is trying the ‘same’ thing over and over expecting a different result.

Applies here. Exxon ‘knew’ what Tyndal showed in the lab in dry air in 1859– but the real world averages bout 2% specific humidity. Public nuisance doctrine requires an actual nuisance—lack of accelerating sea level rise isn’t one. And consumer fraud requires a deliberate deception—BP just sells gas and diesel in Delaware, which consumers happily buy to fuel their cars and trucks. BP fuels work reliably just as advertised, despite Delaware AG assertions to the contrary.

Reply to  Rud Istvan
July 13, 2026 9:54 am

Is there any point at which the sheer number of identical, or near-identical, lawsuits from different jurisdictions by the same players becomes vexatious and illegal or actionable (if that’s the correct term)?

Reply to  Phil R
July 13, 2026 9:58 am

Not really. Multiple jurisdictions, multiple ‘cutout’ plaintiffs, multiple defendants.

AlbertBrand
July 13, 2026 4:00 am

An interesting observation with many of these lawsuits is the prevalence of Chinese surnames in many of these cases. There must be a bit of truth saying that the Chinese communist party is heavily involved in all these endeavors.

Laws of Nature
July 13, 2026 4:58 am

Basic point is,

.. uncertainty!
This
https://agupubs.onlinelibrary.wiley.com/doi/full/10.1029/2025GL120130
Is a 2026 article about solid ice in the atmosphere. It concludes for cmip6 models
“”‘However, because SON2 models are underrepresented in CMIP6, their benefits are muted in the multi-model averages. This suggests that current multi-model averages may underestimate the importance of detailed cloud ice processes””‘
(And the text they say that differences between the solids to no solids in models can reach up to 2K for some parts of the atmosphere)

It is an example for a real world phenomena (snow) affecting atmospheric temperature. They show that current models struggle to represent it.
As you go back in time 50 years Exxon models have lots of holes, they were simply not accurate enough to allow reliable statements about the real world.
Good luck to anyone trying to quantity the effect of “falling solid water” for Exxon models or ” lacking aerosol cloud physics” (one of the biggest differences between CMIP5 and CMIP6 next to the improved resolution)

I imagine a very short court interrogation of a climate expert:
How did the Exxon models deal with snow? They didn’t.
Would including snow change the model output? It would.
By how much? I don’t know/ that’s hard to quantity.

Case closed, otherwise they can go on with any other model improvement over the last 50 years. Oh and also close down any climate supercomputing as the implied argument is the old models were good enough.

Maybe let’s linger a bit in the upgrades from CMIP5 to CMIP6, these changes were so dramatic that they leave the output of any older model unreliable..
Perhaps such a court case could be a good thing forcing them to take down or reevaluate old obsolete results which are still the base of current policies (in defiance of any rationality)

Reply to  Laws of Nature
July 14, 2026 3:45 am

Better: Ignore ALL “models” since they are not reality. Focus on reality where no “catastrophe” exists.

Sweet Old Bob
July 13, 2026 5:37 am

.Hope Sher Edling turns into Sh1t Ending !

Curious George
July 13, 2026 7:07 am

Do we really need more lawyers?

kwinterkorn
July 13, 2026 10:50 am

The lawyers will become rich, businesses and capital will flee, and the people of CA, Colorado, Connecticutt, etc, will be impoverished. Stupidity will earn its just desserts. Sadly, many innocents will suffer.

And, CO2 will still slowly rise, the climate mildly warm, and wise nations will adapt.

Nicholas Harding
July 13, 2026 11:11 am

The Superior Court schedule has legal argument on 7/20/2026 on a Motion to Strike, A Motion for Summary Judgment in January 2028 and trial starting on June 13,2028 in Hartford Superior Court. If it is still on for trial in 2028 I might attend. I have scheduled 7/20 with my grandson and that is far better use of my time.