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Virgin Islands and Exxon Agree to Uneasy Truce Over Climate Probe | InsideClimate Ne... Page 7 of 10
derail her investigation. That suit strikes the
same themes as the one against Walker,
claiming violation of the company's First and
Fourth Amendment rights that protect free
speech and prohibit unreasonable searches.
A judge has ordered both sides to file briefs
between August and October in that case.
It is New York's case, however, that has the
strongest legal footing, according to Parenteau.
The probe is based on New York's powerful
shareholder-protection statute, the Martin Act,
a 1921 statute, which forbids "any fraud,
deception, concealment, suppression, false
pretense" or "any representation or statement
which is false" and gives the state broad
powers of discovery.
"No other state has a law quite like the Martin
Act, not Massachusetts, not California and
certainly not the Virgin Islands," Parenteau
said. "It's so critical for New York to be lead
state because the argument that this is an
attempt to intimidate Exxon or interfere on
First Amendment rights of corporate speech
can gain traction. It's just critical that the
subpoena be on the most solid legal ground
that it can be."
Parenteau said Exxon is likely cooperating with
the New York attorney general's office because
of that legal basis, but predicted the
cooperation won't last.
"At some point Exxon will take New York on as
well, I'm quite sure," Parenteau said.
App. 685
https://insideclimatenews.org/news/06072016/virgin-islands-exxon-agree-climate-probe-sub... 8/1/2016