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over 240 years of United States history - of a Congressional <strong>comm</strong>ittee subpoenaing a state attorney general working in their official capacity to investigate potential state law violations. Even in those circumstances where Congress appropriately could exercise subpoena power, past Committee Chairs have used subpoenas only as a last resort - avoiding invoking them in the middle of ongoing cases and rulemakings, and working to compromise to address legal concerns raised by the targets of subpoenas. By contrast, you appear to have acted with haste and with little effort to address legitimate concerns. Aside from the matter of state sovereignty, this investigation is outside of the Science Committee's purview. The Science Committee lacks jurisdiction over any of the relevant issues raised in this case, including state securities laws and your purported concerns about the "First Amendment rights of companies." 3 The dispute in question is not a scientific one; it is a legal question about whether Exxon misled its investors and consumers. This dispute has no relevance to the Science Committee or its legislative or oversight jurisdiction. Finally, your letters inaccurately represent the attorneys' general investigations. It has long been settled by the courts that fraudulent speech is not protected by the First Amendment. 4 Companies may not deceive the public into believing that something dangerous is safe, and then hide behind the Constitution when the deception becomes apparent. That behavior should offend anyone concerned with public health and safety, regardless of political affiliation. The Science Committee should function as a forum for crafting policies that will make the United States healthier and safer, and ensure that we remain the world leader in scientific research and innovation. State and federal courts - not the Science Committee - are the proper arbiters of legal disputes between state attorneys general and private corporations. Congressional subpoenas should not be used as a vehicle for misguided and unconstitutional political tactics that could permanently harm the reputation of this body and undermine states' abilities to carry out necessary functions. We urge you to drop this damaging and pointless exercise in Congressional overreach. Sincerely, Member of Congress 3 Press Release, Committee on Science, Space & Technology, Smith Subpoenas MA, NY Attorneys General, Environmental Groups (Jul 13, 2016), available at: https://science.house.gov/news/press-releases/smith-subpoenas-ma-ny-attomeys-generalenvironmental-groups. * Illinois v. Telemarketing Associates, Inc., 538 U.S. 600, 612 (2003). App. 701
Edward Mar^y United States Senator Q Richard E. Neal Member of Congress ^uycd Michael E. Capuano Member of Congress len F. Lynch lember of Congress jj ^ 4^. Niki Tsongas Member of Congres; 'AMjl William Keating Member of Congress U Kennedy III • of Congress Seth Moulton Member of Congress App. 702
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COMMONWEALTH OF MASSACHUSETTS SUFFO
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9 Exxon webpage, Meeting global nee
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24 Exxon: The Road Not Taken series
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34 Justin Gillis & Clifford Krauss,
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54 Webpage for National Association
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COMMONWEALTH OF MASSACHUSETTS SUFFO
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https://web.archive.Org/web/2016060
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Than 12,500 Massachusetts Consumers
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David Hasemyer and John H. Cushman
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May 28, 2014, available https://www
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40. Attached to this affidavit as E
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50. Attached to this affidavit as E
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Perspectives, May 23, 2016, availab
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V— '> C0 2 GREENHOUSE AND CLIMATE
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PROJECTED CARBON DIOXIDE (AS CARBON
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PROJECTED CARBON DIOXIDE (AS CARBON
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CONCLUSIONS/RECOMMENDATIONS EPA i )
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GROWTH OF ATMOSPHERIC CO2 AND INSTA
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C0 2 GREENHOUSE AND CLIMATE ISSUES
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OUR NEXT TASK IS TO CONVERT THE AMO
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EXHIBIT 2 App. 300
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PARIS AGREEMENT The Parties to this
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(a) "Convention" means the United N
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8. In communicating their nationall
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Article 6 1. Parties recognize that
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Article 7 1. Parties hereby establi
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(e) Building the resilience of soci
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5. The Warsaw International Mechani
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5. Accelerating, encouraging and en
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4. The transparency arrangements un
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means of implementation and support
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8. The United Nations and its speci
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the organization and its member Sta
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Article 28 1. At any time after thr
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International Energy Agency ENERGY
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INTERNATIONAL ENERGY AGENCY The Int
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United States, which currently impo
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Trucks deliver a large share of oil
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If nuclear falls back, what takes i
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On bookshop International Energy Ag
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EXHIBIT 4 App. 340
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Managing the risks of exposure to f
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Managing the risks of exposure to f
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EXHIBIT 5 App. 346
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Distribution List: R. W. Cohen M. J
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- 2 - might rise the 0.5 needed to
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Energy and Carbon — Managing the
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2. World Energy Needs Keep Growing
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ExxonMobil believes that efficiency
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The cost limitations of renewables
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income. For example, by 2030 for th
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A "low carbon scenario" will impact
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In our operations, we apply a const
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technology can be up to 80 percent
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Such stress testing differs from al
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7. Capital Allocation ExxonMobil ma
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Lastly, we note that even when sens
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Appendix Topic Page Proved Reserves
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EXXONMOBIL RESOURCE BASE - AT DECEM
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EXXONMOBIL CAPEX OUTLOOK (1) Capex
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EXXONMOBIL PRODUCTION PRICES AND PR
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EXHIBIT 7 App. 382
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2 February 29, 2016 target. First;
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4 February 20! 2016 the power gener
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6 February 29, 2016 In addition, wh
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EXHIBIT 8 App. 390
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ExxonMobil's Energy Outlook Project
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Meeting global needs - managing cli
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EXHIBIT 10 App. 404
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— BUSINESS: Document trove detail
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EXHIBIT 11 App. 408
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Chase Bank to Pay $136 Million in N
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Ocwen to Provide $2.1 Billion in Re
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$470 Million State-Federal Settleme
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EXHIBIT 14 App. 416
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CitiGroup to Pay $7B Over Mortgage
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JPMorgan to Pay $13 Billion in Fede
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EXHIBIT 16 App. 422
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EXHIBIT 17 App. 424
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EXHIBIT 18 App. 426
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MoneyGram to Pay $13M Over Wire Tra
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AG Announces Major Award for 12,500
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EXHIBIT 20 App. 432
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NY A.G. Schneiderman, Massachusetts
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NY A.G. Schneiderman, Massachusetts
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EXHIBIT 21 App. 438
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At a Cape Cod Landmark, a Strategic
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At a Cape Cod Landmark, a Strategic
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Climate change could have an even w
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Climate change could have an even w
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EXHIBIT 22 App. 448
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Summary for Policymakers Introducti
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Summary for Policymakers the past 1
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Summary for Policymakers Contributi
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Summary for Policymakers very likel
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Summary for Policymakers Multi-mode
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Summary for Policymakers RCP2.6 RCP
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Regional key risks and potential fo
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Summary for Policymakers Rural area
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Summary for Policymakers impacts in
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Summary for Policymakers Greater ra
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Summary for Policymakers Table SPM.
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Summary for Policymakers Global mit
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Summary for Policymakers entail num
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Summary for Policymakers SPM 4.3 Re
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Summary for Policymakers high agree
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EXHIBIT 23 App. 480
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What Exxon knew about the Earth's m
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EXHIBIT 24 App. 496
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8/1/2016 Exxon's Own Research Confi
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8/1/2016 Exxon Believed Deep Dive I
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8/1/2016 Exxon Confirmed Global War
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i 8/1/2016 Exxon Confirmed Global W
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8/1/2016 Exxon Business Ambition Co
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Highlighting the Allure of Synfueis
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8/1/2016 Highlighting the Allure of
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8/1/2016 Highlighting the Allure of
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Exxon Sowed Doubt about Climate Sci
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8/1/2016 Exxon Sowed Doubt about Cl
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8/1/2016 Exxon Made Deep Cuts in Cl
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8/1/2016 More Exxon Documents Show
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8/1/2016 Exxon's Oil Industry Peers
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InsideClimate News Is a Pulitzer Pr
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EXHIBIT 26 App. 604
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8/5/2016 References | ExxonMobil Ja
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tNERAI 114.1-ID -OFFICE CORRESPONDE
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DRAFT BED TO MEJO 1 L You asked abo
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EXHIBIT 28 App. 612
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Mr. A. M. Natkin - 2 - August 25, 1
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i 0763-L-RWC CO2 Climate Modeling R
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PROPRIETARY INFORMATION For Authori
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PROPRlcTAHY I'irORM, CXX'On Por Aut
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cl 798 - 3 - Figure 3 shows the car
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cl 7 98 A. No Limit on CO2 Emission
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l798 - 7 - and then rapidly decreas
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l798 Table 1 C0 7 EMISSIONS lb CC^E
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al798 - 2 - • The present tropics
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l798 APPENDIX C CONSTRUCTION OF SCE
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Figure 1 MOST OF THE USSR'S VAST AG
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Figiirg a The Carbon Cycle Current
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App. 638
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Figure 7 CO? IN ATMOSPHERE RATE OF
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Figure 9 _C0 2 IN ATMOSPHERE RATE O
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EXHIBIT 30 App. 644
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funds and asset managers are starti
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concerns that some fossil fuels wil
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EXHIBIT 50 App. 752
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Exxon Mobil Coiporation (XOM) Insti
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8/5/2016 FDFFX - Fidelity® Indepen
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8/5/2016 FDFFX - Fidelity ® Indepe
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Exxon Mobil's (XOM) CEO Rex Tillers
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EXHIBIT 53 App. 784
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Mass. reaches $2.9M settlement with
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NAAG I NAAG Center for Tobacco and
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NAAG I NAAG Center for Tobacco and
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PROPOSED EXXON RESEARCH PROGRAM TO
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W BUSINESS . , ' RATIONALE FOR EXXO
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DEFINITION App. 796 GREENHOUSE EFFE
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MAJORRESEARCH NEEDS PROBLEM AREA AT
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FLUX = (TRANSFER COEFFICIENT) X (DR
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C TANKER PROGRAM (CONTINUED) TANKER
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pC0 2 10" 6 atm. IN THE SURFACE WAT
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DRILLING SHIP PROGRAM EXXON CONTRAC
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- S A L I N I T Y | . - P H , j - S
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INFORMATION YIELDS (CONTINUED) ? +
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INFORMATION YIELDS (CONTINUED) DRIL
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THEORY OF LAND BIOTA SAMPLING e INC
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PROPOSED PROGRAM - LAND BIOTA SAMPL
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PROPOSED PROGRAM SCHEDULE (CONTINUE
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GREENHOUSE EFFECT Develop backgroun
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Unleashing Innovation To Meet our E
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EXHIBIT 57 App. 834
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Our climate science histoiy | Exxon
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The truth about ExxonMobil and clim
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EXHIBIT 59 App. 842
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The coordinated attack on ExxonMobi
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ExxonMobil responds to state AGs -
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EXHIBIT 61 App. 848
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ExxonMobil to Hold Media Call on Ne
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