HOUSTON, June 17 (Reuters) - A U.S. judge on Monday
dismissed a lawsuit Exxon Mobil ( XOM ) had filed against
activist group Arjuna Capital after the group had agreed not to
pursue future proxy filings at the company's annual meetings.
The lawsuit by the largest U.S. oil company had raised alarm
among activists and public pension investors who argued it would
muzzle debate among shareholders and public companies.
U.S. District Court Judge Mark Pittman ruled Exxon's claim
was no longer valid after Arjuna "unconditionally and
irrevocably" agreed not to submit a future proposal regarding
Exxon's greenhouse gas emissions.
"The court cannot advise Exxon of its rights without a live
case or controversy to trigger jurisdiction" and Arjuna's pledge
not to file similar resolution in the future "has eliminated any
case or controversy," Pittman wrote.
Pittman's dismissal was without prejudice, meaning Exxon
could refile its case in the future.
An Exxon spokesperson declined immediate comment. Arjuna did
not respond to requests for comment.
Arjuna and Follow This, a Netherlands-based environmental
group, had proposed a resolution calling on stockholders to
request the oil major set new targets for reducing some of its
greenhouse gas emissions.
Exxon sued the pair in January and refused to drop the case
after they agreed not to bring the petition forward, citing "the
likelihood" the two could file similar resolutions in the
future. Pittman last month had dropped Follow This from the case
as the group was outside his court's jurisdiction.
"Unfortunately, we expect the company to continue this
aggressive agenda rather than returning to their past practice
of constructive dialogue with their owners," said Tim Smith, a
senior policy adviser for the Interfaith Center on Corporate
Responsibility, whose members include Arjuna.
While investors likely will be relieved by the
dismissal, Exxon "used the proxy and the shareholder meeting to
denigrate any proponents presenting resolutions as well as
challenging the authority of the SEC (Securities and Exchange
Commission) in the proxy process," Smith said, reiterating
concerns raised by the shareholder advocacy group earlier this
year.