Massachusetts’ Department of Environmental Protection (DEP) asked Superior Court to extend a summary-judgment deadline in a public-records fight with ExxonMobil—days after a fresh search turned up documents the agency had previously not produced, according to Exxon’s Aug. 20 court filing.
Exxon’s response quotes the late discovery this way: “Indeed, just three days before summary judgment briefs were due, and after more than 15 months of insisting it would find no more documents even were it ‘to look again,’ DEP looked again and found responsive public records its initial search had missed.”
What the dispute is about
The records fight stems from Massachusetts’ long-running climate litigation with Exxon that began in 2019, when then–Attorney General Maura Healey alleged the company misled Massachusetts investors and consumers about climate-related risks and fossil-fuel products. In the public-records case, Exxon sought materials about “next steps” state executive offices should take to comply with Massachusetts’ CO₂ emissions requirements for state fleet passenger vehicles, including records using the term “Executive Office,” according to filings described in the source document.
What DEP says changed
In its request to extend the deadline, DEP said it had interpreted “Executive Office” more broadly than in its original search, prompting a need for additional time for a targeted review, according to the department’s filing.
What Exxon alleges
Exxon’s filing argues the original records request explicitly defined “Executive Office” using the regulation’s definition, leaving “no room for ambiguity.” The company says DEP repeatedly asserted over a 16‑month period that it had produced “all” responsive records and backed that with multiple affidavits.
Jack Pirozzolo, counsel for ExxonMobil, wrote: “Discovery has revealed that Defendants did not simply fail to search for and produce records associated with certain executive offices. Rather, it has revealed that DEP’s haphazard search systematically omitted relevant repositories, relevant custodians, relevant search terms, and ultimately relevant and responsive records.” Exxon also alleges DEP’s initial search failed to include the Commissioner’s Office despite its role in administering the regulation.
Public-records strain in Massachusetts
Public-records requests to Massachusetts agencies nearly doubled from 2017 to 2024 to more than 44,000, according to state data cited in the source document. Local officials have attributed delays to large, complex requests and staffing limits, while transparency advocates cite weak enforcement. Massachusetts Secretary of State William Galvin told the Globe that government agencies generally “do not like the public records law” and that ensuring even enforcement has been a struggle.
Wider climate-litigation backdrop
Separately, Boulder County and the City of Boulder in Colorado are suing ExxonMobil and Suncor Energy over alleged climate-related harms. Recent amicus briefs in that case argue the suit could impose liability for the companies’ protected speech and political advocacy, according to the source document.
