A small weird thing that could either disappear entirely or become a very big thing:
podcasts.apple.com/us/podcast/exx 🧵
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A few years ago, Exxon tried to use an obscure Texas law to compel California officials who were suing the company for climate liability, and their attorneys, to give depositions and hand over private communications. Lower court approved, but Tx appeals court threw it out.
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Now they’re petitioning the state Supreme Court to overturn the appeals court. If they agree, it gives Exxon legal license to harass its critics. It also sets dangerous precedents: treating lawsuits as First Amendment violations, giving one state power to mess w/another’s courts
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Here’s what I find most troubling: the industry’s intent to use a First Amendment defense for climate disinformation has been clear from jump (appointing Ted Boutrous as spokesman for all the oil cos in these cases was a dead giveaway). AND…
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Texas’s judiciary is a well oiled political machine that knows exactly how to get cases to the Supreme Court and has deep ties to the oil and gas industry (Greg Abbot filed an amicus brief in this case talking about Texas’ right to protect this industry). So…
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Could this tiny thing turn into the next Citizens United? If not this one then I suspect that’s where we’re headed in general with the industry’s First Amendment argument. joined me to talk about his piece on Exxon’s moves in TX
Podlink.to/drilled
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Also worth noting: the lawyer who presents for all the oil cos in the liability cases, Ted Boutrous, is well known for his First Amendment work. His firm, Gibson Dunn, won Citizens United *and* overturned Ecuador’s court with its prosecution of Donziger et al for Chevron
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