Peter J. Fontaine, co-chair of Cozen O’Connor’s Utility, Environmental & Energy practice group, Catherine Reilly, a member of Cozen O’Connor’s Commercial Litigation department, and John B. Williams from Williams Lopatto, recently published a rebuttal a January 4, 2016 The New York Law Journal op-ed piece. The op-ed criticized New York Attorney General Eric Schneiderman for his investigation of several energy companies to determine whether they misled investors in their failure to disclose risks related to climate change. Some have argued that the Exxon Mobil investigation criminalizes objection to scientific debate. In the article Peter, Catherine and John point out that the ongoing New York investigation is not an attempt to attack climate-change skeptics. Schneiderman's investigation is focused on whether the company's statements about the effects of climate change misled investors--a question that falls within the parameters of securities laws, not First Amendment violations.
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