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: traceability
Yesterday, Judge Paul Diamond dismissed climate litigation brought by the Clean Air Council and two minor plaintiffs. Like the Juliana case in Oregon, the plaintiffs argued that the government had violated the their rights by failing to take robust action against climate change. Here are some of the failures that Judge Diamond identified in the complaint.