Professional Documents
Culture Documents
Subject:
Date:
To:
Cc:
..
Today is your last day as CEO and Chairman. Your legacy as CEO has been established. You
still have an opportunity to fix your legacy, and I am rooting for your honest atonement.
..
This morning, I learned that you will be testifying in the Our Childrens Trust case soon
(KELSEY CASCADIA ROSE JULIANA; XIUHTEZCATL TONATIUH M., through his Guardian
Tamara Roske-Martinez; et al. Plaintiffs, v. The UNITED STATES OF AMERICA; BARACK
OBAMA, in his official capacity as President of the United States; et al., Federal Defendants).
..
EUGENE, Ore., Dec. 30 (UPI) -- Exxon Mobil CEO and U.S. secretary of state nominee
Rex Tillerson should testify before the inauguration on his climate change knowledge,
lawyers said.
..
Lawyers representing more than a dozen U.S. teens called on Tillerson to testify in a
case arguing there is a "fundamental constitutional right to a climate system capable of
sustaining human life."
..
Up to now, your legacy is one of deceit, obfuscation, subterfuge and hypocrisy, but you can
redeem yourself if you tell the truth, the whole truth and nothing but the truth. We expect
nothing less than full candor and transparency from youespecially if your hope to be
confirmed as Secretary of State.
..
Sincerely yours,
..
Doug Grandt
Rex Tillerson is one of the most knowledgeable executives in the fossil fuel world on the role of
his industry alongside our federal government in causing climate change and endangering my
youth plaintiffs and all future generations, said Julia Olson, attorney for the youth plaintiffs and
executive director of Our Childrens Trust. We intend to use his deposition to uncover his and
others culpability, on behalf of these defendants.
The young plaintiffs sued the federal government for violating their constitutional rights to life,
liberty, and property, and their rights to vital public trust resources, by locking in a fossil-fuel
based national energy system for more than five decades with full knowledge of the extreme
dangers it posed.
We believe the evidence shows both ExxonMobil and the fossil fuel industry knew about the
threat to our country posed by climate change and worked to encourage the federal government
to enable emissions of more greenhouse gas, declared Philip Gregory, counsel for the plaintiffs
and a partner with Cotchett, Pitre & McCarthy in Burlingame, CA. Mr. Tillersons testimony is
crucial to understanding what the fossil fuel industry did to prevent the government from fully
addressing this problem. The youth of America need to know the truth on how companies such
as ExxonMobil continue to use the government to cause horrific harm to our nations most
vulnerable people.
Through a federal court order issued on November 10, 2016, the young plaintiffs have already
secured the following critical legal rulings in this case:
1. There is a fundamental constitutional right to a climate system capable of sustaining
human life.
2. The federal government has fiduciary public trust responsibilities to preserve natural
resources upon which life depends.
3. The youths requested remedy (ordering the development and implementation of a
national climate recovery plan based on a scientific prescription) is an appropriate
remedy if the court finds a violation of the youths constitutional rights.
A federal judge indicated that the case will be set for trial in the summer or fall of 2017. Among
the facts to be determined at trial are whether the federal governments systemic actions over the
past decades enabling climate change have violated the young plaintiffs constitutional rights.
This federal case is one of many related legal actions brought by youth in several states and
countries, all supported by Our Childrens Trust, seeking the adoption of science-based
prescriptions to stabilize the climate system.
Counsel for Plaintiffs include Philip L. Gregory, Esq. of Cotchett, Pitre & McCarthy of Burlingame, CA,
Daniel M. Galpern, Esq. of Eugene, OR, and Julia Olson, Esq., also of Eugene, OR.
Our Children's Trust is a nonprofit organization, elevating the voice of youth, those with most to lose, to
secure the legal right to a healthy atmosphere and stable climate on behalf of present and future
generations. We lead a coordinated global human rights and environmental justice campaign to
implement enforceable science-based Climate Recovery Plans that will return atmospheric carbon
dioxide concentration to below 350 ppm by the year 2100. www.ourchildrenstrust.org/
Earth Guardians is a Colorado-based nonprofit organization with youth chapters on five continents, and
multiple groups in the United States with thousands of members working together to protect the Earth,
the water, the air, and the atmosphere, creating healthy sustainable communities globally. We inspire
and empower young leaders, families, schools, organizations, cities, and government officials to make
positive change locally, nationally, and globally to address the critical state of the Earth.
www.earthguardians.org
###
JOSEPH W. COTCHETT
jcotchett@cpmlegal.com
PHILIP L. GREGORY (pro hac vice)
pgregory@cpmlegal.com
PAUL N. MCCLOSKEY
pmccloskey@cpmlegal.com
COTCHETT, PITRE & McCARTHY, LLP
San Francisco Airport Office Center
840 Malcolm Road
Burlingame, CA 94010
Tel: (650) 697-6000
Fax: (650) 697-0577
v.
The UNITED STATES OF AMERICA;
BARACK OBAMA, in his official capacity as
President of the United States; et al.,
Federal Defendants.
s/ Philip L. Gregory
PHILIP L. GREGORY (pro hac vice)
COTCHETT, PITRE & McCARTHY, LLP
Attorneys for Plaintiffs
ATTACHMENT A
I.
DEFINITIONS
A.
refer to defendant American Petroleum Institute, and to all of its employees, agents,
officers, directors, representatives, consultants, affiliates, members, accountants, and
attorneys, including any PERSON who has served in any such capacity at any time.
PLAINTIFFS NOTICE OF DEPOSITION OF REX TILLERSON
3
D.
As used herein, the words YOU and YOUR shall mean or refer to
REX TILLERSON and all of his present or former agents, attorneys, consultants,
employees, representatives, and/or anyone acting or purporting to act on his behalf.
PLAINTIFFS NOTICE OF DEPOSITION OF REX TILLERSON
4
J.
As used herein, the term PERSON means all individuals, entities, firms,
As used herein, the term AGENCY shall mean any federal, state,
regional or local governmental agency. The term shall include directors, employees,
consultants and/or representatives of said AGENCY.
x.
As used herein, the term CLIMATE CHANGE shall mean any change
in the state of the climate lasting for an extended period of time. In other words, the term
CLIMATE CHANGE includes changes in surface and ocean temperature,
precipitation, or wind patterns, among other effects, that occur over several decades or
longer, attributed directly or indirectly to human activity. The term CLIMATE
CHANGE shall include ocean acidification, sea level rise, and other impacts resulting
from the increased concentration of greenhouse gases and carbon dioxide in the
atmosphere and oceans. CLIMATE CHANGE also has been called climatic changes,
global warming, global change, global heating, atmospheric pollution by carbon dioxide
or other greenhouse gases, and dilution of carbon 14 by fossil carbon.
II.
INSTRUCTIONS
A.
2.
3.
4.
5.
6.
State in detail each and every fact upon which YOU base your
was sent;
claim of privilege.
D.
The singular form shall include the plural form and vice versa.
F.
The present tense shall include the past tense and vice versa.
G.
possible, indicating what information is being withheld and the reason such information
is being withheld.
H.
DOCUMENT REQUESTS
A. Each DOCUMENT that identifies YOUR position within the organizational
structure of AMERICAN PETROLEUM INSTITUTE.
B. Each DOCUMENT that identifies YOUR position within the organizational
structure of NATIONAL ASSOCIATION OF MANUFACTURERS.
C. Each DOCUMENT that identifies YOUR position within the organizational
structure of EXXONMOBIL.
D. Each DOCUMENT that REFERS, RELATES, REGARDS, OR PERTAINS TO
COMMUNICATIONS with any PERSON (other than COMMUNICATIONS
PETROLEUM INSTITUTE.
MM.
PROOF OF SERVICE
I am employed in San Mateo County where service of the document(s) referred to
below occurred. I am over the age of 18 and not a party to the within action. My business
address is Cotchett, Pitre & McCarthy, LLP, San Francisco Airport Center, 840 Malcolm
Road, Suite 200, Burlingame CA 94010. I am readily familiar with the firm ' s practices for
the service of documents. On this date, I served or caused to be served a true copy of the
following:
PLAINTIFFS' NOTICE OF DEPOSITION OF REX TILLERSON
XXX BY E-MAIL: My e-mail address is palmasi@cpmlegal.com and service of this
document(s) occurred on the date shown below. This document is being served
electronically and the transmission was reported as complete and without error.
XXX BY MAIL:
I placed a true copy of the aforementioned document(s) in a sealed
envelope with postage fully paid. I am familiar with this firm's practice of collection and
processing of mail for delivery by the United States Postal Service on the next day in the
ordinary course of business.
[SEE ATTACHED SERVICE LISTI
I declare under penalty of perjury, under the laws of the State of California, that the
foregoing is true and correct. Executed at Burlingame, California, on December 28, 2016.
POUNEH ALMASI
SERVICE LIST
Sean C. Duffy
sean.c.duffy@usdoj.gov
Peter Dykema
Peter. Dykema@usdoj.gov
Sarah Himmelhoch
Sarah.Himmelhoch@usdoj.gov
Guillermo Montero
Guillermo.Montero@usdoj .gov
U.S. Department of Justice
Environment & Natural Resources Division
Natural Resources Section
601 D Street NW
Washington, DC 20004
Julia Olson
julia@ourchildrenstrust.org
Wild Earth Advocates
1216 Lincoln St.
Eugene, OR 97401
Quin Sorenson
qsorenson@sidley.com
David T. Buente
dbuente@sidley.com
Sidley Austin LLP
1501 K Street, NW
Washington, DC 20005
Daniel M. Galpem
dan.gal_Qem@ gmai I.com
Law Offices of Daniel M. Galpern
2495 Hilyard St., Suite A
Eugene, OR 97405