2nd Circ. Questions Future Of Exxon Climate Speech Fight

Law360, New York (February 18, 2020, 5:04 PM EST) -- A Second Circuit panel on Tuesday appeared reluctant to revive ExxonMobil Corp.'s constitutional challenges to climate change investigations pursued by attorneys general from New York and Massachusetts.

At oral arguments in Manhattan, appeals court judges were quick to note that Exxon recently bested the Empire State in a securities fraud trial stemming from that state's attorney general's investigation and questioned whether that trial win rendered moot Exxon's claim the attorney general's office conspired with environmentalists to suppress the company's free speech rights.

Meanwhile, they probed whether the oil giant had already made its free speech case against the Massachusetts investigation in...

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