Recent oil and gas standoffs between the federal and state governments usually have involved Republicans charging that Obama administration regulatory actions have impinged on states' rights. When the US House Science, Space, and Technology Committee's GOP majority issued subpoenas to Massachusetts' and New York's attorneys general and eight environmental groups on July 13, however, it was the Democrats who cried foul.
"The attorneys general have appointed themselves to decide what is valid and what is invalid regarding climate change. [They] are pursuing a political agenda at the expense of scientists' right to free speech," Chairman LaMar Smith (Tex.) charged in announcing the subpoenas for documents that he said relate to coordinated efforts to deprive companies, nonprofit organizations, scientists, and scholars of their First Amendment rights.
"Since March, these attorneys general have attempted to use questionable legal tactics to force the production of documents and communications from a broad group of scientists, companies, and nonprofit organizations," added space subcommittee Chairman Brian Babin (Tex.). "These actions are an attempt to chill the scientific research of those who do not support the attorneys' general and environmental groups' political positions."
Committee Democrats disagreed. They said 17 state AGs and the eight environmental groups began to send responses to the Republicans' June letter, but are resisting the majority's demands.
"This is not about legitimate oversight; this is about harassing and intimidating those who are working to expose the truth about ExxonMobil's actions to hide its knowledge of ongoing climate change," Ranking Minority Member Eddie Bernice Johnson (Tex.) said. "Yet again, the Republicans have decided to launch an anti-science witch hunt that does not serve this committee or the nation."
Counsels in the offices of Massachusetts AG Maura Healey and New York AG Eric T. Schneiderman, both Democrats, said in July 6 letters their investigations aren't attempts to chill differing scientific opinion. They characterized them as legitimate inquiries into whether what was then Exxon Corp. misled investors over several decades in violation of state law by allegedly suppressing research that found climate change was a growing global threat.
ExxonMobil's challenges
Richard A. Johnson, chief legal counsel in Healey's office, also noted that ExxonMobil has challenged in Massachusetts state court and federal district court in Texas the Massachusetts AG office's civil investigative demand, and the company has not supplied any documents to that office.
"Thus, the vast majority of existing documents sought by the committee and in [the Massachusetts AG office's] possession constitutes core attorney work product, attorney-client communications, deliberative process documents, and other privileged materials that are protected from disclosure," he said. This dispute apparently isn't going to cool off anytime soon.