Description: Lawsuit against oil and gas companies and trade group alleging they systematically and intentionally misleading consumers about their products' role in causing climate change.
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City of New York v. Exxon Mobil Corp.
Case Documents:
Filing Date Type File Action Taken Summary 11/12/2021 Order Download Case stayed pending Second Circuit's decision in Connecticut v. Exxon Mobil Corp. On November 12, 2021, the federal district court for the Southern District of New York stayed New York City’s consumer protection law climate change case against oil and gas companies and the American Petroleum Institute pending the Second Circuit’s decision in Connecticut v. Exxon Mobil Corp. The district court noted that the Second Circuit had stayed the remand order in Connecticut’s suit, which the court characterized as “a case similar to this action.” 11/03/2021 Letter Download Letter filed on behalf of defendants in response to the court's order to show cause. 10/19/2021 Response Download Plaintiff filed response to order to show cause. In response to the court's order to show cause, the City submitted a letter noting that its motion to remand was fully briefed and ready to be decided. The City said it believed the Second Circuit in Connecticut v. Exxon Mobil Corp. would benefit from the district court’s analysis of the removal issues in this case, but that the City understood that the district court might prefer to wait for further guidance in Connecticut before proceeding. 10/06/2021 Order to Show Cause Download Order to show cause issued. On October 6, 2021, the federal district court for the Southern District of New York issued an order to show cause directing New York City to show cause why the City’s action against Exxon Mobil Corporation and other defendants under the City’s consumer protection law should not be stayed pending the Second Circuit’s decision in Exxon’s pending appeal of the remand order in Connecticut’s case. 09/21/2021 Response Download Response filed by defendants to City's notice of supplemental authority concerning City of Hoboken v. Exxon Mobil Corp. 09/09/2021 Notice Download Notice of supplemental authority filed by City of New York regarding remand order in City of Hoboken v. Exxon Mobil Corp. 09/06/2021 Reply Download Reply filed by plaintiff in support of motion to remand to state court. 08/30/2021 Amicus Motion Download Energy Policy Advocates filed motion for leave to file proposed amicus curiae brief in support of defendants and in opposition to remand. 08/16/2021 Opposition Download Opposition filed by defendants to plaintiff's motion to remand. 07/07/2021 Memorandum of Law Download Memorandum of law filed in support of plaintiff's motion to remand to state court. 06/25/2021 Motion Download Motion to remand to state court filed. New York City filed a motion to remand in its suit asserting violations of the City’s consumer protection law. The City contended that the defendants failed to establish that the federal district court for the Southern District of New York had jurisdiction based on any of the grounds cited in the notice of removal. The City said it solely alleged violations of state law, and that the complaint did not necessarily raise a substantial and disputed question of federal law (Grable jurisdiction). The City also asserted that there was no federal jurisdiction under the federal-officer removal state, the Outer Continental Shelf Lands Act, or the Class Action Fairness Act, or based on federal enclave or diversity jurisdiction. The City requested costs and fees incurred as a result of the allegedly improper removal. New York City is to file its opening brief in support of the remand motion on July 7, 2021, with the opposition brief due on August 16, and the reply brief due September 6. 06/03/2021 Stipulation Download Stipulation and order entered setting briefing schedule for remand motion. 05/28/2021 Notice of Removal Download Notice of removal filed. Exxon Mobil Corporation and ExxonMobil Oil Corporation removed New York City’s case under the City’s consumer protection law to federal court. 05/28/2021 Statement Download Related case statement filed. -
City of New York v. Exxon Mobil Corp.
Case Documents:
Filing Date Type File Action Taken Summary 04/22/2021 Complaint Download Complaint filed. New York City Filed Consumer Protection Lawsuit Against Oil and Gas Companies and Trade Group. New York City filed a lawsuit in New York State Supreme Court against three oil and gas companies and American Petroleum Institute alleging that the defendants violated the City’s Consumer Protection Law (CPL) by systematically and intentionally misleading New York City consumers about their products’ role in causing climate change. The City’s complaint alleged that the companies violated the CPL by “affirmatively misrepresenting the environmental benefits of various fossil fuel products sold at their gasoline stations in New York City” in advertisements and promotional materials by portraying the products as good for the climate and environment without disclosing the products’ impacts on greenhouse gas emissions levels and climate change. The City also alleged that the companies engaged in a “greenwashing” campaign by creating misleading impressions of the role of renewable energy in the companies’ businesses and of their efforts to reduce their carbon footprints. In addition, the City alleged that American Petroleum Institute engaged in greenwashing by exaggerating and misrepresenting the environmental benefits of its members’ products and by misrepresenting its members’ investments in clean energy as well as oil and gas’s role in combatting climate change. The City sought injunctive relief, civil penalties ($350 for each violation or $500 for each knowing violation), and attorney fees and costs.