DIST. OF COLUMBIA v. EXXON MOBIL CORP.

No. 22-7163.

89 F.4th 144 (2023)

DISTRICT OF COLUMBIA, Appellee v. EXXON MOBIL CORPORATION, et al., Appellants.

United States Court of Appeals, District of Columbia Circuit.

Decided December 19, 2023.


Attorney(s) appearing for the Case

Kannon K. Shanmugam argued the cause for appellants. With him on the briefs were Theodore J. Boutrous, Jr. , Thomas G. Hungar , Justin Anderson , William T. Marks , Theodore V. Wells, Jr. , Daniel J. Toal , David C. Frederick , Grace W. Knofczynski , Daniel S. Severson , James W. Cooper , Ethan Shenkman , Nancy G. Milburn , Diana E. Reiter , John D. Lombardo , and Jonathan W. Hughes .

Theodore E. Rokita, Attorney General, Office of the Attorney General for the State of Indiana, Thomas M. Fisher, Solicitor General, James A. Barta, Deputy Solicitor General, Steve Marshall, Attorney General, Office of the Attorney General for the State of Alabama, Treg Taylor, Attorney General, Office of the Attorney General for the State of Alaska, Tim Griffin, Attorney General, Office of the Attorney General for the State of Arkansas, Christopher M. Carr, Attorney General, Office of the Attorney General for the State of Georgia, Kris Kobach, Attorney General, Office of the Attorney General for the State of Kansas, Daniel Cameron, Attorney General, Office of the Attorney General for the Commonwealth of Kentucky, Lynn Fitch, Attorney General, Office of the Attorney General for the State of Mississippi, Austin Knudsen, Attorney General, Office of the Attorney General for the State of Montana, Michael T. Hilgers, Attorney General, Office of the Attorney General for the State of Nebraska, Alan Wilson, Attorney General, Office of the Attorney General for the State of South Carolina, Ken Paxton, Attorney General, Office of the Attorney General for the State of Texas, Sean D. Reyes, Attorney General, Office of the Attorney General for the State of Utah, Bridget Hill, Attorney General, Office of the Attorney General for the State of Wyoming, were on the brief for amici curiae Indiana and 13 Other States in support of appellants.

Andrew R. Varcoe, Stephanie A. Maloney, William M. Jay, and Andrew Kim, were on the brief for amicus curiae the Chamber of Commerce of the United States of America in support of appellants.

Ashwin P. Phatak , Principal Deputy Solicitor General, Office of the Attorney General for the District of Columbia, argued the cause for appellee. With him on the brief were Hassan A. Zavareei , Anna C. Haac , Victor M. Sher , Brian L. Schwalb , Attorney General, Office of the Attorney General for the District of Columbia, Caroline S. Van Zile , Solicitor General, Thais-Lyn Trayer , Deputy Solicitor General, and Lucy E. Pittman , Senior Assistant Attorney General.

Deepak Gupta was on the brief for amici curiae Law Professors in support of appellee.

Alison S. Gaffney and Daniel P. Mensher were on the brief for amici curiae Robert Brulle, et al. in support of appellee.

Sathya S. Gosselin was on the brief for amici curiae the National League of Cities, et al. in support of appellee.

Letitia James, Attorney General, Office of the Attorney General for the State of New York, Barbara D. Underwood, Solicitor General, Matthew W. Grieco, Senior Assistant Solicitor General, Rob Bonta, Attorney General, Office of the Attorney General for the State of California, William Tong, Attorney General, Office of the Attorney General for the State of Connecticut, Kathleen Jennings, Attorney General, Office of the Attorney General for the State of Delaware, Anne E. Lopez, Attorney General, Office of the Attorney General for the State of Hawai'i, Kwame Raoul, Attorney General, Office of the Attorney General for the State of Illinois, Aaron M. Frey, Attorney General, Office of the Attorney General for the State of Maine, Anthony G. Brown, Attorney General, Office of the Attorney General for the State of Maryland, Andrea Joy Campbell, Attorney General, Office of the Attorney General for the Commonwealth of Massachusetts, Dana Nessel, Attorney General, Office of the Attorney General for the State of Michigan, Keith Ellison, Attorney General, Office of the Attorney General for the State of Minnesota, Matthew J. Platkin, Attorney General, Office of the Attorney General for the State of New Jersey, Raul Torrez, Attorney General, Office of the Attorney General for the State of New Mexico, Ellen F. Rosenblum, Attorney General, Office of the Attorney General for the State of Oregon, Michelle A. Henry, Attorney General, Office of the Attorney General for the Commonwealth of Pennsylvania, Peter F. Neronha, Attorney General, Office of the Attorney General for the State of Rhode Island, Robert W. Ferguson, Attorney General, Office of the Attorney General for the State of Washington, and Joshua L. Kaul, Attorney General, Office of the Attorney General for the State of Wisconsin, were on the brief for amici curiae State of New York, et al. in support of appellee.

Before: Katsas, Rao and Pan, Circuit Judges.


The District of Columbia sued several energy companies in the Superior Court of the District of Columbia, alleging the companies violated District law by making material misstatements about their products' effects on climate change. The defendants removed the case to the federal district...

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