The Union of Concerned Scientists (UCS) will not turn over documents demanded in a subpoena issued by House Committee on Science, Space and Technology Chairman Lamar Smith (R-Texas).
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“The Subpoena brings us one step closer to a protracted, unnecessary legal confrontation, which will only distract and detract from the work of our respective offices”, Mr. Schneiderman said in his 10-page letter.
Ms. Healey’s office condemned the committee’s subpoena as an “unconstitutional and unwarranted interference with a legitimate ongoing state investigation”. They have objections challenging its validity and say compliance “is not now possible”.
Escalating a political fight over global warming, Smith issued subpoenas Wednesday, July 13, 2016, to two Democratic state attorneys general, seeking records about their investigation into whether Exxon Mobil misled investors about global warming. Johnston asked Smith withdraw the subpoena or refer it to the entire science committee for review.
“As we have shown repeatedly in correspondence with Chairman Smith, the committee has no jurisdiction to issue this subpoena and it violates our First Amendment rights. Alternatively, the House could vote to ask House General Counsel Thomas Hungar’s office to pursue court action against them”.
Schneiderman’s office is leading an investigation that also includes attorneys general in California, Connecticut, Illinois, Maryland and MA, into whether Exxon Mobil withheld evidence that use of its energy products contributed to global warning. New York’s attorney general has authority under state law to investigate and prosecute securities fraud.
MA filed its formal request for Exxon documents in April.
The company has rejected allegations it suppressed its climate change research, saying it has conducted nearly 40 years of research publicly in conjunction with federal and United Nations officials, issued nearly 150 papers and obtained nearly 300 patents for technological advances in cutting emissions and for years provided shareholders with information about the business risks of climate change.
In a letter earlier this month from Smith to Schneiderman, the congressman questioned whether Schneiderman and the other attorneys general are coordinating their inquiry with environmental groups as a way of stifling the opinions of those who question the link between climate change and burning of fossil fuels.
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Schneiderman said his office refuses to comply with what he called an “unprecedented” subpoena for a state attorney general, and said the committee does not have a constitutional right to interfere with the states’ probes.
