Last week, the 5th Circuit Court of Appeals vacated a $20M penalty imposed on ExxonMobil for Clean Air Act violations at its Baytown facility, remanding the case for a more particularized review by the District Court regarding whether the plaintiffs have demonstrated that they have standing with respect to all of the violations committed by ExxonMobil. The Court held that it is not enough to show that each of the claims in the complaint are traceable to ExxonMobil’s conduct. … More
Tag Archives: “Environment Texas Citizen Lobby v. ExxonMobil”
Not “Too Big to Fail.” Too Big to Comply.
Last year, the 5th Circuit Court of Appeals vacated the decision by District Judge David Hittner not to impose any penalties on ExxonMobil for violations alleged in a Clean Air Act citizens’ suit concerning ExxonMobil’s Baytown facility. At the time, I asserted that the case was largely a win for ExxonMobil.
Last week, Judge Hittner, in an opinion which was admirably scrupulous in not trying to dodge the 5th Circuit remand,… More
Proof and Causation Matter: District Court Declines to Penalize ExxonMobil in Texas Citizen Suit
On Wednesday, Judge David Hittner, of the District Court for the Southern District of Texas, in a decision long enough to require two separate pdfs, declined to impose an injunction or penalties (plaintiffs sought $642,697,500) against ExxonMobil in a Clean Air Act citizens’ suit brought by Environment Texas and the Sierra Club concerning the ExxonMobil facility in Baytown, Texas. The plaintiffs lost even though Judge Hittner did find a number of violations of the CAA. … More