A Ramsey County court has ruled that Attorney General Keith Ellison's lawsuit against ExxonMobil, Koch Industries, and the American Petroleum Institute (API) will proceed in state court. The decision, made on February 14, 2025, largely denies the defendants' motion to dismiss the case. Four out of five counts initially filed by Ellison in June 2020 were upheld.
“These defendants prioritized their profits over the people of Minnesota, and deception was their business model. The court’s thorough analysis and well-reasoned order puts us one step closer to proving that in court,” Attorney General Ellison stated.
The court dismissed arguments from ExxonMobil and API claiming lack of jurisdiction by the Attorney General. It also rejected claims by all defendants that federal law preempts the state's claims. The court found these arguments “unpersuasive” and ruled that Minnesota's claims regarding failure to warn, common-law fraud, fraud by omission, misrepresentation, reliance, conspiracy, and statutory violations under the Deceptive Trade Practices Act and False Statement in Advertising Act were sufficiently pled. However, it dismissed one count related to the Minnesota Consumer Fraud Act.
Additionally, the lawsuit is not barred under Minnesota's former “anti-SLAPP” statute. This statute protected speech aimed at securing favorable government action but does not apply to enforcement actions brought by the Attorney General.
Since its filing in June 2020, courts have consistently ruled that Ellison’s lawsuit was properly filed. The suit accuses ExxonMobil, Koch Industries, and API of misleading Minnesotans about climate change causes and costs for decades.
After being moved to federal court shortly after its filing, a federal district court remanded it back to state court in March 2021. The district court emphasized states' authority over consumer protection statutes. In March 2023, the 8th Circuit Court of Appeals supported this remand decision. In January 2024, the U.S. Supreme Court declined to hear an appeal from the defendants.
This case is among more than 30 similar lawsuits filed by various jurisdictions across the United States against fossil-fuel industry entities.