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Exxon case versus activist investor can continue, US judge guidelines

A U.S. judge on Wednesday enabled a. lawsuit submitted by Exxon Mobil against 2 activist groups. seeking to disallow their environment resolution to go on against one. of the groups.

The oil business's suit raised alarm amongst activists and. proxy advisors who argued it would muzzle debate among. investors and public business.

Exxon sued climate activist groups Arjuna Capital and Follow. This in January and told the court it would not drop the matter. after they accepted withdraw their petition, citing the. possibility the pair might file similar resolutions in the. future.

U.S. District Judge Mark Pittman on Wednesday ruled that. Exxon might continue its case against Arjuna Capital, mentioning. jurisdiction to hear the case over a U.S.-based firm. However he. stated it might not pursue its claim against Netherlands-based. environment activist group Follow This, as it was outside the. court's jurisdiction.

The activist groups argued that Exxon's legal method would. allow the company to carry its shareholders into any court in. the United States.

This is a baseless and cynical attack on shareholder. rights worldwide's leading capital market, Follow This. creator Mark Van Baal stated.

California Public Employees' Retirement System (CalPERS),. the largest public pension fund in the United States, said it. was disappointed, but not surprised the claim will continue.

Exxon's dangerous legal gambit, if effective, would. weaken investor rights and allow corporate leaders to. suppress the ideas of financiers with impunity, CEO Marcie Frost. said.

The judge likewise rejected Exxon's demand to get proof to. identify whether the court has the authority to hear the case. And proposed to move the case to a Texas state court.

Exxon's yearly shareholder conference will be held on May 29. Arjuna Capital and Follow This had actually asked Exxon to adopt. so-called Scope 3 targets to lower emissions produced by users. of its products. Exxon is the just one of the 5 Western oil. majors which does not have such targets.

FADING ASSISTANCE

Activist financiers made similar propositions at investor. conferences of numerous oil majors over the previous two years. However the. cause has actually been losing shareholder support due to tighter worldwide. oil supply, increasing energy expenses for customers, and increased. energy security concerns following Russia's intrusion of Ukraine.

Follow This gotten approval from 28% of Exxon investors. who enacted 2022. In 2015 it got just 10% of the vote.

Exxon investors have actually already declined Scope 3 targets,. the company contends, with shareholders campaigning for changes. calculated to diminish the company's existing company, it. stated.

Exxon won support from business lobby groups the U.S. Chamber of Commerce and Organization Roundtable, which said the case. exemplifies activist groups' takeover of the shareholder. proposition process to score ideological points..