knowledge of the threats of climate change, a key question is, what did the company do about it.148 Following the InsideClimate News and Los Angeles Times revelations, it became public on November 5, 2015 that the New York Attorney General had began investigating ExxonMobil (one of the named Respondent to this Petition) “to determine whether the company lied to the public about the threats of climate change or to investors about how such risks might hurt the oil business.”149 A few days later, the New York Attorney General’s Office announced a settlement with Peabody Energy Corporation (also a named Respondent to this Petition) requiring improved climate change disclosure after a two-year investigation.150 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.151 There is a broadening coalition of state attorneys generals looking into corporate obfuscations of threats of climate change.152 In addition to New York, Attorneys General in Massachusetts, California, and the U.S. Virgin Islands have announced investigations. The Attorney General for the U.S. Virgin Islands broadened the investigation beyond Exxon by issuing a subpoena to the !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! 148 Id.; The New York Times, A Range of Opinions on Climate Change at ExxonMobil, New York Times, Nov. 6, 2015, http:// www.nytimes.com/interactive/2015/11/06/ science/exxon-mobil-global-warmingstatements-climatechange.html?_r=0 (last accessed on Apr. 19, 2016); Greenpeace USA, Exxon’s Climate Denial History: A Timeline, http://www.greenpeace.org/usa/global-warming/climate-deniers/exxons-climate-denial-history-a-timeline/ (last accessed on Apr. 19, 2016). 149 J. Gillis and C. Krauss, Exxon Mobil Investigated for Possible Climate Change Lies by New York Attorney General, New York Times , Nov. 5, 2015, http://www.nytimes.com/2015/11/06/science/exxon-mobil-underinvestigation-in-new-york-over-climate-statements.html (last accessed on Apr. 19, 2016). 150 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-secures-unprecedented-agreement-peabodyenergy-end-misleading (last accessed on Apr. 19, 2016). 151 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). 152 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/climate-change-fraudinvestigation-exxon-eric-shneiderman-18-attorneys-general (last accessed on Apr. 19, 2016). ! 44! ! ! ! ! !