Beyond Pesticides v. Exxon Mobil Corp.

The D.C. Circuit Court of Appeals denied Exxon Mobil Corporation’s (Exxon’s) petition for permission to appeal pursuant to the Class Action Fairness Act from the district court order remanding the nonprofit organization Beyond Pesticides’ lawsuit alleging Exxon violated the District of Columbia Consumer Protection Procedures Act by falsely marketing and advertising its products as clean energy. The D.C. Circuit found that it was “unclear as a matter of District of Columbia law” whether Beyond Pesticides’ action was required to be litigated as a class action and that District of Columbia courts should determine how the action should proceed.

A non-profit organization filed a lawsuit in D.C. Superior Court alleging that Exxon Mobil Corporation violated the D.C. Consumer Protection Procedures Act by representing “that it engages in cleaner forms of energy at a significant level, when in fact, its core business remains entrenched in the production and delivery of fossil fuels.” The plaintiff asked the court to issue an injunction halting Exxon’s allegedly false marketing and advertising.

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