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The Courts

ExxonMobil Is Suing Investors Who Want Faster Climate Action (npr.org) 110

An anonymous reader quotes a report from NPR: ExxonMobil faces dozens of lawsuits from states and localities alleging the company lied for decades about its role in climate change and the dangers of burning fossil fuels. But now, ExxonMobil is going on the offensive with a lawsuit targeting investors who want the company to slash pollution that's raising global temperatures. Investors in publicly-traded companies like ExxonMobil try to shape corporate policies by filing shareholder proposals that are voted on at annual meetings. ExxonMobil says it's fed up with a pair of investor groups that it claims are abusing the system by filing similar proposals year after year in an effort to micromanage its business.

ExxonMobil's lawsuit points to growing tensions between companies and activist investors calling for corporations to do more to shrink their climate impact and prepare for a hotter world. Interest groups on both sides of the case say it could unleash a wave of corporate litigation against climate activists. It is happening at a time when global temperatures continue to rise, and corporate analysts say most companies aren't on track to meet targets they set to reduce their heat-trapping emissions. "Exxon is really upping the ante here in a big way by bringing this case," says Josh Zinner, chief executive of an investor coalition called the Interfaith Center on Corporate Accountability, whose members include a defendant in the ExxonMobil case. "Other companies could use this tactic not just to block resolutions," Zinner says, "but to intimidate their shareholders from even bringing these [climate] issues to the table."

ExxonMobil said in an email that it is suing the investor groups Arjuna Capital and Follow This because the U.S. Securities and Exchange Commission (SEC) isn't enforcing rules governing when investors can resubmit shareholder proposals. A court is the "the right place to get clarity on SEC rules," ExxonMobil said, adding that the case "is not about climate change." Other corporations are watching ExxonMobil's case, says Charles Crain, a vice president at the National Association of Manufacturers, which represents ExxonMobil and other industrial companies. "If companies are decreasingly able to get the SEC to allow them to exclude proposals that are obviously politically motivated, then the next question is, well, can the courts succeed where the SEC has failed -- or, more accurately, not even tried?," Crain says.
"The shareholder proposal from Arjuna and Follow This called for ExxonMobil to cut emissions faster from its own operations and from its supply chain, including the pollution that's created when customers burn its oil and natural gas," notes NPR. "That indirect pollution, known as Scope 3 emissions, accounts for 90% of ExxonMobil's carbon footprint."

"ExxonMobil says it is committed to cutting emissions from its operations. But the idea that activist investors like Arjuna and Follow This can quickly push the company out of the oil and gas business with new climate policies is 'simplistic and against the interests of the vast majority of ExxonMobil shareholders,' the company said in a court filing in Texas." The company added that while shareholders are entitled to submit proposals, they don't have "an unlimited right to put forth any proposal to do anything."

"Their intent is to advance their agenda rather than creating long-term value for shareholders," ExxonMobil said of Arjuna and Follow This.
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ExxonMobil Is Suing Investors Who Want Faster Climate Action

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  • Sounds stupid (Score:5, Insightful)

    by Baron_Yam ( 643147 ) on Thursday February 29, 2024 @10:43PM (#64280880)

    If they own a piece of the company, they get to demand whatever they want. The rest of the investors can demand something else.

    Let me take a moment to feel sorry for the poor executives who have to take an extra minute after every such proposal to throw it in a trash can. I know it's taking valuable time away from managing their disinformation campaigns so they can keep poisoning the planet for profit.

    • It is stupid (Score:2, Informative)

      If they own a piece of the company, they get to demand whatever they want. The rest of the investors can demand something else.

      Let me take a moment to feel sorry for the poor executives who have to take an extra minute after every such proposal to throw it in a trash can. I know it's taking valuable time away from managing their disinformation campaigns so they can keep poisoning the planet for profit.

      I own Tesla stock and this comes up at every annual shareholder meeting.

      There's this one guy who owns 1 (that's 1, 0-n-e) share, and every year submits a proposal to remove Elon Musk as CEO. He gets no traction from any of the other shareholders.

      There's a group that always proposes reporting on DEI efforts, which gets no traction.

      There's a group that proposes that Tesla reports on human rights (such as whether their Cobalt is humanely mined).

      There's a group that proposes something about human capital manage

      • by Anonymous Coward

        Each of these proposals has to be read, assessed, and printed up in schedule 14A and submitted to the SEC. It's a complete waste of time. There should be some rule that states that at least 10% of srockholders need to show support for a proposal before it is even considered.

        So how would 10% of the shareholders be asked whether they support it without it being read, assessed etc? If you just mean to omit submitting it to the SEC then it's hard to see what your intention is other than to avoid scrutiny over whether your 10% support rule was actually checked.

        • So how would 10% of the shareholders be asked whether they support it without it being read, assessed etc?

          The shareholders already receive a proxy statement by email or paper mail. It could include a list of proposals.

          The shareholders could check a box next to the proposals they think should be considered. If more than 10% say "yes", then the proposal is presented at the in-person meeting.

          • by Anonymous Coward
            How to tell someone you've never voted a proxy in your life without saying "I've never voted a proxy in my life."
      • Re:It is stupid (Score:5, Insightful)

        by ArchieBunker ( 132337 ) on Friday March 01, 2024 @12:03AM (#64280962)

        Waahhh, shareholders exercising their rights.

        • Re:It is stupid (Score:4, Informative)

          by slack_justyb ( 862874 ) on Friday March 01, 2024 @03:36AM (#64281198)

          This may be the first and only time I've agreed with this user.

          I swear some of the heads of leadership in corporations these days have paper thin skin. The literal fuck? Grow some goddamn it. It's only a brief moment to get through the motions. If that's difficult, holy shit, y'all in the wrong game.

      • Re:It is stupid (Score:5, Insightful)

        by slack_justyb ( 862874 ) on Friday March 01, 2024 @03:33AM (#64281194)

        It's a complete waste of time. There should be some rule that states that at least 10% of srockholders need to show support for a proposal before it is even considered

        There is. It's called FIND FUCKING PRIVATE FUNDING THEN DIPSHIT!!

        If you do not like the rules for being publicly traded, then DON'T FUCKING IPO!!

        People like you and your cake. Fucking hell. Want the benefits of public trading, but none of the safeguards because "OH NO! Someone is DDOSing my meeting.

        Yeah, they're whiny bitches. You can fucking deal with them for the brief moment it takes to go through the motions. If that's too difficult for you, fucking sell then or if you own majority take it private. Get some thicker skin damn it.

      • Re:It is stupid (Score:4, Interesting)

        by thegarbz ( 1787294 ) on Friday March 01, 2024 @04:23AM (#64281262)

        Each of these proposals has to be read, assessed, and printed up in schedule 14A and submitted to the SEC. It's a complete waste of time. There should be some rule that states that at least 10% of srockholders need to show support for a proposal before it is even considered.

        And how do you judge support? Oh that's right, shareholder votes at the AGM. This isn't a US election, we don't run an election to see who should run for election.

        Also you're mad if you think the proposals are in any way a burden on a publicly listed company. Exxon will spend orders of magnitude more fighting this one legal battle than they have filing *all* of the share holder proposals they have received.

      • by Misagon ( 1135 )

        That's how publicly traded companies have always worked. That's nothing new.
        Were you trying to make a point or were you just letting off steam?

      • by AmiMoJo ( 196126 )

        A judge just ruled that a class action suit involving nearly 600 employees claiming that there was some fairly extreme and overt racism at a Tesla factory can go ahead. So perhaps some of the shareholders had a point - by not reporting on DEI, it seems that the Tesla board has been turning a blind eye to something that could cost the company a lot of money.

      • Re:It is stupid (Score:5, Insightful)

        by serviscope_minor ( 664417 ) on Friday March 01, 2024 @05:43AM (#64281366) Journal

        All of these are basically noise, or sand in the gears of a working company.

        No, this is the way it works. If you want money from the public stock market you have to deal with the public stock market and that means dealing with the rights of shareholders.

        The rules have been written slowly, over a very long time to combat centuries of malfeasance. Don't like the rules? Go private. Want money but no rules? Find a country with more lax regulation. Want lax regulation and money in a good country? Fucking deal with it, snowflake

        To be fair, the ruling stated that Musk's compensation was not impartially decided

        Right, so the 10 share owning travesty of sand in the gears of the company was actually 100% right.

      • O'Leary has a pretty extensive history of manipulating the system and if not outright committing fraud bending it to the point most would call it unethical.
      • "It's effectively a DOS attack on the governance process."

        It is objectively *ineffective* as a DOS attack on the governance process, since the governance process always proceeds apace.

      • The article is about ExxonMobil, but your entire response is simping for Musk.

        You should take a good long think about why you did that and re-consider some of your life choices.

  • by Anonymous Coward

    When make yourself a publicly-tradable company you are now making yourself owned by the public.
    Be prepared to do what your master wishes, or buy all your shares back and take all the risk yourselves.

  • by Eunomion ( 8640039 ) on Thursday February 29, 2024 @10:54PM (#64280894)
    By all means sue your own investors. That will surely increase confidence in the stock and the stability of the oil industry.
  • by Anonymous Coward on Thursday February 29, 2024 @11:00PM (#64280902)

    "These people are just after publicity; I know what'll put a stop to that - let's sue them!"

  • by OrangeTide ( 124937 ) on Friday March 01, 2024 @12:29AM (#64280990) Homepage Journal

    I believe avoiding global humanitarian crises, drought [that] could lead to inadequate water supplies and adverse impacts on agricultural production, flooding [that] could damage critical infrastructure and displace populations. [congress.gov] Any of these could result in economic decline due to mass migration, political crises, or conflict. Which clearly has a negative impact on the long-term growth of many multinational corporations.

    • Well, not selling their product, which is what reducing "scope 3" emissions means, is immediately in conflict with the interests of the company and the shareholders, so demanding it is a waste of time.

      You aren't going to see many businesses close up on the basis of a theoretical future outcome.

      • If I was an investor in a buggy whip company, at some point I'd argue that our capital should be invested in another direction.

        Pretty much every company makes decisions based on a theoretical future outcome. Investors harp on the phrase "past performance is no guarantee of future results", and there is a kernel of truth there. You can't keep doing what you're doing merely because you have been successful in the past. You have to look forward and try your best to predict how the future might be different and

      • Putting in an actual effort to, say, rebrand as an energy company rather than an oil company would absolutely be in the long term interests of the company and its shareholders. Being in oil business right now is roughly as forward-looking as being in whale blubber business in 1850 or buggy whips in 1900. It's not "theoretical" that we need to wean off fossil fuels as much as possible, as soon as possible.

  • by Anonymous Coward
    because the U.S. Securities and Exchange Commission (SEC) isn't enforcing rules governing when investors can resubmit shareholder proposals

    Strictly speaking, the SEC isn't issuing the "no action" letters that ExxonMobil wants them to, that ExxonMobil would then view as a safe haven to exclude the proposals. It is by no means the same thing as "not enforcing."

    I'm not sure why ExxonMobil should be treated any differently than anyone else with a potential legal disagreement: solicit a qualified legal opini
  • by zuki ( 845560 ) on Friday March 01, 2024 @01:14AM (#64281042) Journal
    I'm finding it difficult to summarize the ethical clash between corporate profits and the planet's welfare as neatly as this famous cartoon did [twimg.com], but continue to find it extremely relevant.
  • Last I checked the idea behind a public traded company is that whoever holds the most shares makes the rules? How is it abusing a system if you are doing exactly what the system provides?

  • ... yeah yeah, energy company baaad, but ... just remember that, when someone is walking all over you, and saying that the rules only apply when they want them to, and when it accords with their desired political outcome.
  • The nerve! (Score:5, Funny)

    by Chris Mattern ( 191822 ) on Friday March 01, 2024 @08:49AM (#64281650)

    "ExxonMobil says it's fed up with a pair of investor groups that it claims are abusing the system by filing similar proposals year after year in an effort to micromanage its business."

    You'd think they own the place!

  • Their intent is to advance their agenda rather than creating long-term value for shareholders

    So?
    The company may have an obligation to try to create value for shareholders, at least under the perverse regime of due diligence you have over there,
    but other investors do not.
    Deal.

  • If I drive my gas-powered car to the store, is that my "carbon footprint" or Exxon's "Scope 3" footprint? Who handles the accounting to make sure they aren't being double-counted?

    Or can we just pull heads from asses and accept that the notion of a "scope 3 footprint" is stupid?

    • As another poster said, look up externality or external cost https://en.wikipedia.org/wiki/... [wikipedia.org] - then you may learn something. Moron.
      • Yeah, except that doesn't answer the question in the slightest. So, maybe you'd like to try again by answering these questions.

        Is it Exxon's cost? Mine? Our entire society, since it is part of the foundation of the economy and thus something upon which we are all dependent regardless of environmental pretense? How does hurting me by not selling me the gas I need to get to work equate to Exxon paying for an external cost? Is it not preventing me from generating a cost, necessarily implying that the c

  • Is this really news for nerds??

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