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Exxon case against activist shareholder can proceed, US judge rules
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Exxon case against activist shareholder can proceed, US judge rules
May 22, 2024 11:24 AM

May 22 (Reuters) - A U.S. judge on Wednesday allowed a

lawsuit filed by Exxon Mobil ( XOM ) against two activist groups

seeking to bar their climate resolution to go ahead against one

of the two groups.

The oil company's lawsuit raised alarm among activists and

proxy advisers who argued it would muzzle debate among

shareholders and public companies.

Exxon sued climate activist groups Arjuna Capital and Follow

This in January and told the court it would not drop the matter

after they agreed to withdraw their petition, citing "the

likelihood" the pair could file similar resolutions in the

future.

U.S. District Judge Mark Pittman on Wednesday ruled that

Exxon could continue its case against U.S.-based Arjuna Capital,

saying it has authority to hear the case. But he said it could

not pursue its claim against Netherlands-based climate activist

group Follow This, finding it was outside the court's

jurisdiction.

The activist groups argued that Exxon's legal strategy would

allow the company to "haul its shareholders into any court in

the United States."

The judge also denied Exxon's request for jurisdictional

discovery, a pretrial process where a party seeks to obtain

evidence to determine whether the court has the authority to

hear the case.

Exxon's annual shareholder meeting will be held on May 29.

Arjuna Capital and Follow This had asked Exxon to adopt

so-called Scope 3 targets to reduce emissions produced by users

of its products. Exxon is the only of the five Western oil

majors which does not have such targets.

Follow This has made similar proposals at shareholder

meetings of various oil majors over the past two years. However,

it has been losing shareholder support due to tighter global oil

supply, rising energy costs for consumers, and increased energy

security concerns following Russia's invasion of Ukraine.

Follow This received approval from 28% of Exxon shareholders

who voted in 2022. Last year it received just 10% of the vote.

Exxon shareholders have already rejected Scope 3 targets,

the company contends, with shareholders campaigning for changes

"calculated to diminish the company's existing business," it

said.

Exxon won support from business lobby groups the U.S.

Chamber of Commerce and Business Roundtable, which said the case

"exemplifies activist groups' takeover of the shareholder

proposal process to score ideological points."

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