FORT WORTH – Last month, a conflicted appellate court ruled it does not have jurisdiction over California cities and counties pursuing climate change lawsuits against the energy sector.
Now, it seems likely the Texas Supreme Court will ultimately decide if ExxonMobil has the authority to investigate those who allegedly orchestrated the litigation on its home turf.
Exxon’s case against the California municipalities ended up in the Second Court of Appeals after a Texas judge found the cities and counties were hypocritical in suing Exxon.
The municipalities had claimed doom to their infrastructures will be caused by rising sea levels, but when issuing bond offers to potential investors, they had neglected to mention this alleged, near-certain destruction.
Exxon maintains the California climate change suits were crafted using a “playbook” to alter Big Oil’s viewpoint on climate change and pressure the oil industry through litigation to change to renewable energy.
The oil giant believes its suit against them belongs in Texas because they have purposeful contacts within the state.
However, on June 18 the Second Court found that was not enough to keep the litigation here, despite feeling an impulse to protect the energy sector.
Court records show that on July 21 Exxon filed a motion for extension of time to file a petition for review with the Texas Supreme Court.
Exxon filed the motion as the deadline (Aug. 3) neared.
The high court granted the motion the following day. Exxon’s petition for review is due by Sept. 2.
Exxon is represented in part by attorneys Patrick Conlon, Ralph Duggins (Cantey Hanger) and Nina Cortell (Haynes and Boone).
Case No. 20-0558