ELR Citation: 52 ELR 20061
No(s). SJC-13211 (Mass. May 24, 2022)

The Massachusetts Supreme Court affirmed a lower court's denial of an oil and gas company's motion to dismiss a civil enforcement action brought by the Massachusetts attorney general (AG) based on the company's communications with investors and consumers concerning the impact of climate change. The company moved to dismiss under the state's anti-SLAPP statute, arguing the suit was motivated by its "petitioning" activity. The AG argued that the anti-SLAPP statute did not apply to the AG but that even if it did, the suit was not brought in response to petitioning activities but rather for unfair or deceptive practices. The lower court denied the company's motion, finding that at least some of the activity alleged was not "petitioning" within the meaning of the statute. The high court affirmed, but on the alternate ground that construing the anti-SLAPP statute to apply to the AG would place significant roadblocks to enforcement of Massachusetts' laws.