announced a settlement with Peabody Energy Corporation (also a named
Respondent to this Petition) requiring improved climate change disclosure
after a two-year investigation.155 As explained in a Greenpeace UK Investor
Briefing:
The investigation found Peabody had repeatedly
denied in financial filings that it had the ability to
predict the impact of potential regulation, when in
fact it and its consultants had actually made
projections detailing severe impacts on the
company. There was a clear discrepancy between
the company’s public disclosures and private
knowledge. The Attorney General concluded that
Peabody’s public disclosures focused on the IEA
scenario most favourable to coal demand but
which assumes governments will fail to adopt any
new policies or regulations with the omission of
the IEA’s other two scenarios which provide a less
favourable view on future coal demand.156
There is a growing coalition of state attorneys general looking into
corporate obfuscations of threats of climate change.157 In addition to New
York, Attorneys General in Massachusetts, California, and the U.S. Virgin
Islands have announced investigations.158 The legal grounds for the
investigations vary from state-to-state. While some are premised on potential
violations of securities and consumer fraud laws, the Attorney General for
the U.S. Virgin Islands is conducting an investigation under the local anti!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
155
New York State Office of the Attorney General, Press Release, A.G. Schneiderman Secures
Unprecedented Agreement with Peabody Energy to End Misleading Statements and Disclose Risks Arising
From Climate Change, Nov. 9, 2015, http://www.ag.ny.gov/press-release/ag-schneiderman-securesunprecedented-agreement-peabody-energy-end-misleading (last accessed on Apr. 19, 2016).
156
Greenpeace UK, Investor Briefing, Climate Liability: The New York Attorney General’s Investigation
into Exxon, Feb. 2016, http://www.greenpeace.org.uk/sites/files/gpuk/2016%20-%20Greenpeace%20%20Exxon%20-%20Climate%20Liability%20-%20Investor%20Briefing_0.pdf (last accessed on Apr. 19,
2016).
157
D. Hasemyer and S. Shankman, Climate Fraud Investigation of Exxon Draws Attention of 17 Attorneys
General, InsideClimate News, Mar. 30, 2016, http://insideclimatenews.org/news/30032016/climatechange-fraud-investigation-exxon-eric-shneiderman-18-attorneys-general (last accessed on Apr. 19, 2016).
158
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