News

Fossil Fuel Executives See a ‘Golden Age’ for Gas, If They Can Brand It as ‘Clean’

IPCC releases final synthesis report for the current review cycle

CLIMATE CHANGE 2023: Synthesis Trailer

Burn Wild Podcast

IPCC_AR6_SYR_SlideDeck

Assignment

Review Docket: Delaware v. BP

From last class: Delaware – Exxon motion to support removal

Delaware v. BP – Motion to remand

We are going to take a harder look at these cases from the oil industry/red state POV by reading:

City of San Francisco v. Exxon Mobil Corp., No. 02-18-00106-CV, 2020 WL 3969558 (Tex. App. June 18, 2020), review denied (Feb. 18, 2022) (annotated)

Texas Rules of Civil Produce Rule 202 allows court-ordered discovery prior to the filing of a lawsuit. This was intended for use in limited situations where testimony was likely to be lost before the lawsuit could be filed. For example, you are retained to represent a victim of a serious automobile accident who is in the hospital and may not survive her injuries. You can use Rule 202 to record a deposition that can be used if the accident results in litigation. Exxon has been using this to countersue the lawyers who are bringing climate lawsuits as a means of harassment and to try to get documents that would otherwise be protected by the attorney-client privilege.