2002255077 ‘Hon. Torka wine Congress of the Bnited States ‘Waslyington, BE 20515 June 10, 2016 ‘The Honorable Lamar Smith (Chsirman ‘House Committee on Science, Space, and Technology 2321 Rayburn House Office Building ‘Washington, D.C. 20515, ‘Dear Chairman Smith: ‘We write to express our grave concern that you and several members of the House Committe on Science, Space, and Technology have launched an inquiry into several legitimate state I ‘enforcement investigations. On May 18, 2016, you and other Committee members sent a wide ranging letter to seventeen state atloreys general requesting documents and communications relatiog to each office's law enforcement work and investigative activites. This letter asserted ‘baseless concerns, and made demands that, if met, could only serve lo delay investigations that ae of critical importance tothe American public. ‘Your particular focus appears tobe severa, ongoing investigations by state attomeys general into ‘potential securities, business, and consumer fraud violations by ExxonMobil. Investigation by state atorneys general into potential violations of state aw isan appropriste exercise of state ‘police power as reserved to the States under the 10" Amendment, It is deeply concerning that ‘his Cornmittee has insered itself nto these investigations since there are clear jurisdictional isues, The state attoreys general are seeking to expose potentially criminal acts that involved intentionally misleading the public and public officials, and defrauding sharebolders. Based on ‘he Committee's own purported concems this investigation doesnot fll under the Committe’ Jurisdiction, Congressional interference with legitimate state law enforcement investigations is particularly slarming and inappropriate in this case. As you know, there is overwhelming scientific consensus that climate change poses a grave and growing threat tothe health and safety of Americans and to populations across the globe. In response, governments and private sector actors around the world are taking steps to shift away from global dependence on fosi fuels and ‘move toward clean energy sources. These actions inevitably create financial risks for investor in fossil fuel companies like ExxonMobil; risk thatthe investing public is entitled to know.ar22ss077 (Hen Tork Wwarseam vr weewe ‘Moreover, more frequent and extreme storms, shrinking ie sheets, melting permafrost, rising sea levels, end other phenomena exacerbated by climate change pose unique and significant risks to ‘companies such as ExxonMobil with billion of dollars invested in infrastructure located in coastal areas and offshore. In recent month, state attomeys general have cite publicly available documents indicating that ExxonMobil may have misled investors andthe public bout ‘what the company knew sbout the risks of climate change—for example, characterizing these risks tothe public and investors as highly uncertain, when internally, the compasiy was modeling and plenaing for risks associated with climate change with «high degree of precision. These allegetions deserve to be thoroughly scrutinized by law enforcement. Further, if tue these facts are likely to require law enforcement action atthe state and possibly federal evel ‘Your letter aserts that a number ofthe state attomeys general are engaged in a “coordinated attempt to deprive companies, nonprofit organizations, and scientists of thei First Amendment rights and ability to fund and conduct scientific research free from intimidation and threats of prosecution.” This allegation is patently false. It is wel established thatthe First Amendment doesnot confer aright to commit fraud. On the other han, demanding the disclosure of routine ‘communications between law enforcement and ouside scientific experts, which occured in the ‘course ofan ongoing investigation, could have a chilling effect on the free exchange of ideas ‘between state authorities and the scientific community. ‘Congressional committees should not be used to shield corporations fom fraud investigations, ‘especially those conducted by states under their sovereign authority granted by the 10" Amendment ofthe U.S. Constitution ‘State law enforcement authorities have a critcal—and independent—role to olay in protecting the people of ther respective states from fraud and other illegal activity. In order to perform their duties effectively state authorities must not be subject to improper interfreace from the federal ‘government. We strongly urge you to withdraw your request to all state attoreys general related to tis investigation, Sincerely, Cast Blealie— Beoatiygrr Paul D, Tenkoeaster Won Toke VwseeTam — Ob-10-A016pens ion Tenke YOST am 06-10-2016 38 Sean Patrick Maloney (Charles Rangel f