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Calls for law firm to #DropExxon go national with law student boycott

What started as a single protest against the law firm Paul, Weiss, Rifkind, Wharton & Garrison LLP by law students from Harvard University last month is now growing into a movement.

During a recruitment event in New Haven, Connecticut on Thursday night for Yale Law students, 40 protestors unveiled a “#DROPEXXON” banner and began to chant at the other students and Paul, Weiss partners mingling with glasses of wine and cocktails at the bar.

“You heard it from students at Harvard, and now you’ll hear it from us,” they shouted in a call-and-response speech. “We will not work for you as long as you work for ExxonMobil. Our future is on fire and you are fanning the flames.”

Paul, Weiss recently helped ExxonMobil win a case brought by the New York district attorney alleging that the company misled investors about the costs of climate change to its business. The firm is also representing Exxon in a similar case in Massachusetts, as well as other climate cases brought by the cities of San Francisco and Oakland, California and Baltimore, Maryland. In those cases, the cities are seeking damages from multiple fossil fuel companies to pay for impacts of climate change they are already experiencing and to fund adaptation measures.

The action at the Yale reception went on for just over 10 minutes before the students pointedly filed out and left the reception. “I think it went well,” Tim Hirschel-Burns, one of the organizers, told Grist. “It is discouraging that the partners from Paul, Weiss continue to not take the climate crisis seriously, but law students certainly are, and I think they’re going to continue seeing that students are not going to accept their indifference.”

Now Harvard and Yale law students are working together to build momentum and start a larger movement. After Thursday’s protest, the coalition launched a #DropExxon pledge that asks law students around the country to refuse to interview with or work for Paul, Weiss until it drops ExxonMobil as its client. Organizers of the pledge said that students at other schools are planning additional protests.

In a press release, Yale students involved with the protest pointed out that Paul, Weiss claims that it does not “sacrifice culture and values in favor of the bottom line,” and that it has a commitment “to serve the broader public interest.” They argued that the firm cannot live up to these values while helping Exxon, citing investigative reporting that found that the company has known the dangers of climate change since the 1970s but chose to fund climate denial to protect its business.

Paul, Weiss did not respond to a request for comment on this story.

An age-old ethical dilemma

The movement raises questions about the role of lawyers in society and the right to equal representation before the law. In Harvard’s newspaper, the Crimson, Harvard student Andrew Liang wrote, “In providing such representation, Paul, Weiss is not defending climate change. It is defending the law. The legal profession does not exist to pass moral judgment on a client, but to uphold the process.”

Organizers at Yale told Grist that they are not disputing that people and companies deserve representation but said that doesn’t mean the firm does not have a choice in whom it represents. “Paul, Weiss has no shortage of paying clients to choose from, but is giving priority to a company that is sabotaging humanity’s chance to address climate change,” Yale Law School student Ify Chikezie said in a press release.

Charles Nesson, a professor at Harvard Law School, said that these are questions students need to think through as they move ahead in the profession. “A lot of students face this problem of going off into law firms and making money to pay off their student debts and finding that they’re doing work that may not be completely savory as far as the climate is concerned or justice is concerned,” said Nesson. “The amount of acceptance within the profession of legal tactics that produce unjust results is considerable.”

Nesson recently had students discuss the protest against Paul, Weiss in a class called Ideal Discourse. He said that most of his class approved of the protest, but brought up concerns about whether the action would be effective, whether it would hurt the protesters’ careers, and why they were targeting Paul, Weiss over other firms. In an online class discussion board for the class, one student wrote, “This discussion about how we square our principles with our professional roles is so important and for a lot of us, hard.”

Divestment campaigns ramp up

Outside of the law schools, others in the Harvard and Yale communities made strides last week in their campaigns to get the two universities to divest their endowments from fossil fuel companies.

On Tuesday, Harvard’s Faculty of Arts and Sciences passed a motion, 179 to 20, to call on the Harvard Management Company, the school’s endowment gatekeepers, to divest from companies that “explore for or develop further reserves of fossil fuels.” An online petition started by a group called Harvard Faculty for Divestment now had almost 1,000 signatures as of Friday. While the faculty vote has no direct influence on the endowment, University President Lawrence Bacow said he would bring the motion to the school’s governing body for consideration.

The faculty vote follows another successful campaign by Harvard alumni to nominate five candidates who will support divestment for election to the Board of Overseers, which has the power to approve who is on the board that manages the school’s endowment.

At Yale, the undergraduate student government voted unanimously on January 25 to become a part of the Yale Endowment Justice Coalition and support the group’s mission to get the school to cancel its holdings in Puerto Rican debt and divest from fossil fuel companies.

Outside of the Ivy League, Georgetown University’s president announced on Thursday that the school’s board of directors has decided to divest its holdings in fossil fuel companies.

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Calls for law firm to #DropExxon go national with law student boycott

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Jim Cramer, ‘Mad Money’ host, declares fossil fuels dead

ExxonMobil and Chevron stocks sank Friday morning after both oil companies reported disappointing fourth quarter earnings. How does influential TV financial analyst Jim Cramer make sense of that? The Mad Money host thinks it’s time to ditch oil companies — and not just because they’re currently a drag on the Dow.

On Friday’s Squawk Box, a pre-market morning show, the TV host and former hedge fund manager stunned CNBC anchor Rebecca Quick by saying that oil companies are in the “death knell phase.”

“I’m done with fossil fuels. They’re done,” he said. “We’re starting to see divestment all over the world. We’re starting to see … big pension funds saying, ‘Listen, we’re not gonna own them anymore.’”

“The world’s changed,” Cramer added later. “This has to do with new kinds of money managers who frankly just want to appease younger people who believe that you can’t ever make a fossil fuel company sustainable.”

It may seem a bit surprising that a volatile baby boomer stock-picker who’s written multiple books with the phrase “Get Rich” in the title just delivered a resounding condemnation of fossil fuel companies on live TV. But this isn’t the first time Cramer has nudged the market in a greener direction: Just last month, he threw his weight behind Tesla’s stock, calling himself a “true believer” in the electric car company.

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Jim Cramer, ‘Mad Money’ host, declares fossil fuels dead

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Exxon’s law firm tried to recruit Harvard students. Instead, they protested.

On Wednesday night, more than 100 first-year Harvard law students gathered at a restaurant in Cambridge, Massachusetts, for a reception hosted by the corporate law firm Paul, Weiss, Rifkind, Wharton & Garrison LLP. The opulent affair, replete with lobsters for snacking, an ice sculpture, and an open bar, was one of many regular functions held by elite law firms to draw elite aspiring attorneys into the fold. But about 30 students put their job prospects at risk when they interrupted the event with a demonstration.

As Paul, Weiss attorney and partner Kannon Shanmugam got up to deliver a speech, a small group of students unfurled a banner that read #DropExxon and cut him off with a protest song. “Which side are you on?” they sang. “Does it weigh on you at all?”

The lyrics alluded to Paul, Weiss’ defense of ExxonMobil in several ongoing lawsuits over the oil giant’s role in climate change. The firm recently successfully defended Exxon in a case brought by the state of New York over the accusation that it misled investors about the costs of climate change to its business. Now, it’s defending the company again in a similar lawsuit in Massachusetts, just miles from the Harvard campus.

After the song, a chorus of students joined lead organizer Aaron Regunberg in a call and response speech, announcing that they refuse to work for a firm that helps corporate polluters block climate action. As long as Paul, Weiss worked for Exxon, they wouldn’t work for Paul, Weiss.

“What is the most critical tool these corporations use to get away with climate murder? It’s this right here,” they chanted. “Exxon knew about climate change 35 years ago, yet continued to wreck the planet and fund climate denial that led us to this crisis. That’s what this firm is enabling, and the tactics they are using are extreme and unethical.”

Regunberg told Grist that it’s highly unusual to see this kind of confrontation in the legal profession, and that many of the students who participated had never been involved in a direct action before. “For the longest time, this is an issue that hasn’t even been questioned,” he said. “We’ve shown that our generation of aspiring lawyers understands that business as usual is a recipe for an unlivable future.”

Climate activism in the Ivy League is heating up. A parallel movement of students demanding that their schools divest from fossil fuel companies made national news in November when hundreds of protestors stormed the field at the annual Harvard-Yale football field.

The law school organizers plan to continue their campaign to get Paul, Weiss to drop Exxon and hope to spread the movement to other law schools. Students from Boston University and Yale University law schools have already expressed support. Regunberg said another goal is to start a conversation with Harvard about the way its culture, curriculum, student debt creation, and career service programming create a pipeline to corporate law firms. Many students who come into the school hoping to pursue public interest law end up in corporate interest law, he said. “That’s a systemic problem, and a profound factor in the creation of a legal system that in so many ways shields the wealthy and powerful at the expense of all of us — or, in the case of ExxonMobil, at the expense of human civilization as we know it.”

Harvard Law School and Paul, Weiss had not responded to requests for comment at the time of publication.

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Exxon’s law firm tried to recruit Harvard students. Instead, they protested.

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Big Oil is spinning the New York Times’ historic climate article as a PR win. It isn’t.

Turns out, fossil fuel interests love “Losing Earth.” The New York Times Magazine’s massive climate change article from earlier this month has attracted furor from critics, who argue that it sidesteps issues of climate change denial and fossil fuel lobbying. But recently, it has also drawn praise from supporters of ExxonMobil.

“Bombshell: New York Times debunks #ExxonKnew climate campaign,” crows a headline on the website of Energy in Depth, an oil and gas lobby group funded by BP, Shell, Exxon, and others. For reference, #ExxonKnew is a campaign that aims to hold Exxon accountable for researching and accepting the science of climate change in the 1980s — and then spreading misinformation about it for the next several decades.

You don’t have to read all 66 pages of “Losing Earth” to see that the Times is definitely not debunking #ExxonKnew. You only have to read the epilogue, in which author Nathaniel Rich describes some of the denial campaigns launched by Exxon and the petroleum industry’s so-called Global Climate Coalition. Rich is aware of the role Exxon played in spreading and perpetuating climate change denial. But he does shift some blame off of fossil fuel groups and conservatives, and on to the amorphous concept of “human nature.”

“The rallying cry of this multipronged legal effort is ‘Exxon Knew,’” Rich writes. But, he counters, “The United States government knew … Everyone knew — and we all still know.”

This narrative — however well-intended and well-executed — plays right into Big Oil’s hands.

Advertising the Losing Earth issue as a win for Exxon is low-hanging fruit — Look! Even the left’s favorite newspaper is hesitant to blame us for climate change!

For oil and gas companies, it also represents a new play on an old, tired trick.

“Putting out these ads just proves the point that they’re trying to manipulate public opinion and confuse people about who’s to blame for this crisis,” Jamie Henn, communications director at 350.org, tells Grist.

For years, Exxon faced off against established science, lobbying against environmental regulation in Congress, publishing reports that undermined action on climate change, and putting out ads (in papers like the Times!) that spread doubt about the causes of global warming.

As temperatures rise and the effects of climate change — crazy wildfires, mega-hurricanes, heavier downpours — become more and more visible, Exxon and other companies like it have shifted their marketing approaches to keep their ships upright in the sea of public opinion. Whereas Exxon used to rely heavily on Earth’s “natural changes” to explain away rising temperatures, it’s now changing course to accommodate the fact that a clear majority of Americans accept the science behind climate change.

One of its new strategies is to advertise low-carbon energy projects, says Ed Collins, a research analyst at U.K.-based nonprofit InfluenceMap. Shot-in-the-dark projects, like ExxonMobil’s algae push, intend to show the public and politicians that the free market and technological innovation, not government regulation, can solve the dangers posed by climate change.

Rich’s piece is an unexpected gift for an industry that’s trying to show that it’s on the side of the people — and on the right side of history. Finally! An opportunity for Big Oil to align itself with journalists and historians rather than climate deniers.

But at the end of the day, Henn says, it’s just one article. “The idea that Exxon and its front groups somehow think they’re off the hook because one New York Times Magazine journalist wrote a story one particular way is pretty naive,” says Henn.

Plus, the tides of public opinion may have already turned. BP is still dealing with fallout from the Deepwater Horizon oil spill, in which nearly 5 million barrels of oil spilled into the Gulf of Mexico. And a slew of cities, districts, and attorneys general across the country have launched lawsuits and investigations against major polluters for the role they played in misinforming the public about climate change.

“I think people are realizing that companies like ExxonMobil should be the ones to pay for the damage that they’ve done,” says Henn.

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Big Oil is spinning the New York Times’ historic climate article as a PR win. It isn’t.

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University pulls research on truck pollution that was funded by a local trucking company.

“The relationship that I had with Putin spans 18 years now,” the secretary of state said during a 60 Minutes interview with CBS’ Margaret Frank. “It was always about what I could do to be successful on behalf of my shareholders, and how Russia could succeed.” A true deal-maker.

But as U.S. secretary of state, the ex-CEO of ExxonMobil is supposed to put the United States’ interests first. That should ostensibly put some pressure on the relationship between Russian President Vladimir Putin and Tillerson, which was commemorated with a Russian friendship medal in 2013 after ExxonMobil signed deals with Rosneft, the state-owned Russian oil company.

Russia is one of the world’s top exporters of both oil and gas. As Alex Steffen and Rebecca Leber have written, the country stands to benefit from procrastinating on climate change action that would limit fossil fuel extraction.

In the 60 Minutes interview, Tillerson recounted his first meeting with the Russian president after becoming U.S secretary of state. “Same man, different hat,” is how he recalls reintroducing himself.

“What he is representing is different than what I now represent,” Tillerson elaborated. “And I said to him, ‘I now represent the American people.’”

Convincing! And now, on to the SNL skit that apparently made Tillerson laugh out loud:

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University pulls research on truck pollution that was funded by a local trucking company.

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Researchers took on Exxon’s dare to prove it misled the public about climate change

This story was originally published by Mother Jones and is reproduced here as part of the Climate Desk collaboration.

Two years ago, Inside Climate News and L.A. Times investigations found that while ExxonMobil internally acknowledged that climate change is human-made and serious, it publicly manufactured doubt about the science. Exxon has been trying unsuccessfully to smother this slow-burning PR crisis ever since, arguing the findings were “deliberately cherry picked statements.” But the company’s problems have grown to include probes of its business practices by the New York and Massachusetts attorneys general and the Securities and Exchange Commission.

Now, science historian Naomi Oreskes and Harvard researcher Geoffrey Supran have published the first peer-reviewed, comprehensive analysis of Exxon’s climate communications that adds more heft to these charges. Exxon dared the public to “read all of these documents and make up your own mind,” in a company blog post in 2015. The new paper, “Assessing ExxonMobil’s Climate Change Communications,” in the journal Environmental Research Letters, takes up the challenge. Oreskes and Supran systematically analyze nearly 40 years of Exxon’s scientific research, reports, internal documents, and advertisements, and find a deep disconnect between how the company directly communicated climate change and its internal memos and scientific studies.

“The issue of taking things out of context or cherry-picking data is an important one, and one all historians and journalists deal with,” Oreskes tells Mother Jones. “When ExxonMobil accuses journalists of cherry-picking, there is a way we can address that. There are analyses we can do to avoid these issues. Well, if you think the LA Times is cherry-picking [examples], we’ll look at all of them. Nobody can say we are selecting things out of context.”

Their content analysis examines how 187 company documents treated climate change from 1977 through 2014. Researchers found that of the documents that address the causes of climate change, 83 percent of its peer-reviewed scientific literature and 80 percent of its internal documents said it was real and human-made, while the opposite was true of the ads. The researchers analyzed ads published in the New York Times between 1989 and 2004. In those ads, 81 percent expressed doubt about the scientific consensus, tending to emphasize the “uncertainty” and “knowledge gap,” while just 12 percent affirmed the science.

The same pattern holds for how Exxon has addressed the seriousness of the consequences of climate change. Downplaying the impacts is another tactic climate deniers tend to use to call for more delays in implementing policies that curb fossil fuel use. Sixty percent of Exxon’s peer-reviewed papers and 53 percent of its internal documents acknowledge serious impacts — a 1982 internal document lists flooding and sea-level rise and a 2002 paper lists coral reef bleaching and the disintegration of the West Antarctic Ice Sheet among them — but Exxon’s ads were more likely to claim, “The sky is not falling.”

Oreskes and Supran write that Exxon “contributed quietly to the science and loudly to raising doubts about it.”

This distinction is important, argues Supran. “Exxon’s response to the allegations from journalists and investigators was a kind of gloss or straw man,” he says. “They were contributing to climate science. The problem was the company still had a much louder doubt-promoting position in public. It was the discrepancy that confused people.”

Exxon did not return a request for comment on the study before publication, but in the past it has dismissed similar criticisms by pointing to its decades of promoting climate science research, which the paper does not dispute.

Of course, Exxon’s media strategy has shifted over time, and the company adopted a more uniform position where executives acknowledged climate change is human-made when it became untenable to say otherwise. Oreskes and Supran also included one issue that’s caused more recent trouble for the industry than its advertising campaigns. There’s intense debate over what are known as “stranded assets,” a term used to describe assets that have become anachronisms when faced with new business realities. In this case, it is the serious risk that Exxon’s business model is overvalued and incompatible with the world taking serious action to limit global warming. Two dozen of the company’s publications and internal documents acknowledged stranded assets, but it is not mentioned in any of the ads through 2004.

Shareholders actually sued Exxon last fall over stranded assets, claiming the company was aware it would not be able to extract all its fossil fuel reserves but its public statements dismissing the risks were “materially false and misleading.” And shareholders have stepped up the pressure in other ways, too: This May, two-thirds of shareholders voted to force the company to publish an annual report on its climate impacts. The moment was a rare defiance of Exxon’s management, which opposed the report, and maybe a step toward more transparency.

Oreskes, who’s written extensively about industry campaigns to undermine scientific findings, says that Exxon’s message inevitably changes over time as it adapts to new circumstances and old positions become discredited. But Exxon is still following the same general playbook. “They are promoting a different kind of doubt,” she says. “It’s a doubt that says, ‘There’s climate change, but we have to still use fossil fuels because there’s no alternative.’” But, Oreskes adds, there are alternatives.

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Researchers took on Exxon’s dare to prove it misled the public about climate change

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The oil industry fears Trump’s regulatory rollback could backfire.

ExxonMobil’s Pegasus Pipeline poured more than 200,000 gallons of heavy crude into a neighborhood in Mayflower, Arkansas, in 2013. Twenty-two homes had to be evacuated, and in the aftermath, hundreds of residents complained of nausea, nosebleeds, and respiratory problems.

In 2015, the EPA fined Exxon more than $4 million in penalties over the spill. Separately, a federal pipeline regulator accused the company of violating safety standards and imposed an additional $2 million in fines.

Exxon disputed those punitive damages, arguing that it met legal obligations. On Monday, an appeals court overturned a majority of the violations and fines. According to its decision: “The unfortunate fact of the matter is that, despite adherence to safety guidelines and regulations, oil spills still do occur.”

Exxon, however, was aware of issues with this particular pipeline prior to the Mayflower incident, and an argument can be made that it should have done a better job of planning for an accident. The pipeline was 70 years old at the time of the spill, and Exxon knew it was prone to cracking along its seams. (Pegasus had split open or leaked nearly a dozen times before.)

But you know what they say, “Pipelines will be pipelines.”

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The oil industry fears Trump’s regulatory rollback could backfire.

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Rex Tillerson understands that climate change is happening, unlike his would-be boss.

Senate confirmation hearings began on Wednesday for Tillerson, former CEO of ExxonMobil and Trump’s nominee for secretary of state. Tillerson was pressed on the issue of climate change by several senators, including Tennessee Republican Bob Corker, who asked Tillerson if he believes that human activity is the cause.

“The increase in greenhouse gas in the atmosphere is having an effect,” Tillerson said, demonstrating that he at least knows more about the issue than our future president. But, Tillerson added, “Our ability to predict that effect is very limited.” This is false.

Tillerson had less to say about allegations that Exxon, his employer for 40 years, knew about the effect of greenhouse gases on the atmosphere back in the ’70s and failed to disclose the risks to the public or shareholders. When asked about it by Virginia Democrat Tim Kaine, Tillerson punted and said he didn’t work there anymore: “You’ll have to ask them.”

The nominee did acknowledge that it’s important for the U.S. to stay involved in international climate negotiations and “maintain its seat at the table in the conversation.” As for what he would do at that table, he’s not saying. If he wanted to do anything constructive, first he’d have to convince his boss.

You can read more about the hearing here.

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Rex Tillerson understands that climate change is happening, unlike his would-be boss.

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Surprise! Trump wants a coal booster and climate change denier to head the Interior Department.

The company recently admitted that it has invested heavily in Canada’s tar-sands oil reserves, InsideClimate News reports — and it was not a good bet.

Tar-sands oil is difficult, expensive, and energy-consuming to extract, making it especially bad for the climate. It’s only profitable when oil prices are high. Exxon acknowledged in a public financial disclosure report this fall that it could be forced to take a loss on billions of barrels of tar-sands oil unless prices rise soon.

The company made this unwise investment despite long knowing, as InsideClimate News previously reported, that burning oil causes climate change and future climate regulations could make tar-sands oil unprofitable or impossible to drill.

In 1991, Exxon’s Canadian affiliate Imperial Oil commissioned an analysis that found carbon regulation could halt tar-sands production. “Yet Exxon, Imperial, and others poured billions of dollars into the tar sands while lobbying against government actions that would curtail development,” according to InsideClimate News.

This news comes just after Donald Trump nominated ExxonMobil CEO Rex Tillerson to be secretary of state. The State Department is responsible for reviewing proposed pipeline projects that cross international borders, like Keystone XL, which would have carried tar-sands oil from Canada down toward U.S. refineries.

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Surprise! Trump wants a coal booster and climate change denier to head the Interior Department.

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ExxonMobil has doubled down on dirty tar-sands oil.

The company recently admitted that it has invested heavily in Canada’s tar-sands oil reserves, InsideClimate News reports — and it was not a good bet.

Tar-sands oil is difficult, expensive, and energy-consuming to extract, making it especially bad for the climate. It’s only profitable when oil prices are high. Exxon acknowledged in a public financial disclosure report this fall that it could be forced to take a loss on billions of barrels of tar-sands oil unless prices rise soon.

The company made this unwise investment despite long knowing, as InsideClimate News previously reported, that burning oil causes climate change and future climate regulations could make tar-sands oil unprofitable or impossible to drill.

In 1991, Exxon’s Canadian affiliate Imperial Oil commissioned an analysis that found carbon regulation could halt tar-sands production. “Yet Exxon, Imperial, and others poured billions of dollars into the tar sands while lobbying against government actions that would curtail development,” according to InsideClimate News.

This news comes just after Donald Trump nominated ExxonMobil CEO Rex Tillerson to be secretary of state. The State Department is responsible for reviewing proposed pipeline projects that cross international borders, like Keystone XL, which would have carried tar-sands oil from Canada down toward U.S. refineries.

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ExxonMobil has doubled down on dirty tar-sands oil.

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