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Exxon Suing

Exxon Suing

  • Exxon Mobil sued two investors to block a proposal that would force the company to further reduce carbon emissions

  • Exxon has pledged to make its internal operations carbon-free by 2050

  • Yet it has not established a “Scope 3” target, which refers to emissions produced by customers using its products, i.e., burning its fuel

  • That makes Exxon the only major Western oil company to not have Scope 3 targets

  • An “activist investor” is a fund that buys stakes in public companies to influence their decision-making process

  • In December, Arjuna Capital, a climate investor with a stake in Exxon, proposed a nonbinding resolution urging Exxon to establish Scope 3 targets

  • Follow This, another climate investor with a stake in Exxon, backed that proposal the next day

  • Both funds had previously submitted similar shareholder proposals, the most recent of which failed last year with just 10.5% of votes

  • On Sunday, in response to the newest proposal, Exxon sued the investors, accusing them of violating US Securities and Exchange Commission (SEC) rules

  • Those rules allow companies to exclude proposals that “[deal] with a matter relating to the company’s ordinary business” or are substantially similar to proposals from previous years

  • The lawsuit essentially asks a judge to confirm Exxon’s decision not to hold a vote on the proposal at the company’s upcoming shareholder meeting

  • Lawsuits of that nature are rare and reflect Exxon’s lack of trust in the SEC, which usually handles such disputes out of court

  • Exxon reportedly views the SEC – part of the Biden administration – as sympathetic toward stricter climate action and, as a result, less likely to rule in its favor to block the climate proposal

  • In the lawsuit, Exxon said that the activist investors’ proposal “does not seek to improve ExxonMobil’s economic performance or create shareholder value” and is “micromanaging”

  • In a statement, Follow This said Exxon “wants to prevent shareholders from using their rights”

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