For sure, that would be a worse case. That said, defending a case against the government, even for a company as large as Exxon, isn't without cost. They're cert

For sure, that would be a worse case. That said, defending a case against the government, even for a company as large as Exxon, isn't without cost. They're certainly an unsympathetic victim here, but in general, you want the government not to be bending the law to bring a case against an unpopular defendant. It's one thing for private citizens/companies to file vague or spurious lawsuits against each other, only to have the courts throw it out. It's another for the government, who hypothetically represents the Law, to be bending/testing the limits of it. It also presupposes that the court system is fair, and not inclined to side with the government. Obviously in this case, there's a claim to be made that it might be biased towards a massive corporation too, but in general prosecutors tend to get what they want in cases. I'd be shocked if this gets thrown out/refuted by the court without going to trial.