HARTFORD, Conn. (Legal Newsline) – Exxon wants a federal judge to throw out a lawsuit filed by Connecticut Attorney General William Tong that alleges the company misled the public about climate change.
Exxon in its Nov. 13 motion to dismiss argues the federal courts in Connecticut have no jurisdiction over the issue, considering it has no employees or operations in the state.
It also says its advertising and statements about climate science were not made in or directed towards Connecticut.
“The complaint identifies only two connections to Connecticut in support of personal jurisdiction, but the Attorney General’s claims do not arise out of either,” the motion says.
Those two connections are the operation of Exxon stores in the case and a now-closed industrial films plant that Exxon once operated.
The company says Exxon hasn’t owned or operated the gas stations for nearly a decade and the plant made films for industrial customers, not for consumer products.
“This case is governed by a simple principle: Out-of-state defendants can be brought into a Connecticut court only for actions directed at or occurring in the state and for claims that arise out of such action,” the company’s lawyers wrote.
“The Attorney General’s complaint does not satisfy that requirement. He cannot escape the fact that his lawsuit is not focused on any Connecticut conduct at all, but instead on attempting to use Connecticut courts to police and curtail ExxonMobil’s national production, promotion and sale of oil and gas.
“Those efforts exceed the bounds of the U.S. Constitution and Connecticut’s long-arm statute.”
Tong’s lawsuit says consumers in his state were deceived by Exxon’s statements about climate change. It came in a wave of litigation against the company, some of which seeks to hold the entire fossil fuel industry liable for the costs of climate change.