Enviros Lack Standing For Exxon Pollution Suit, 5th Circ. Told

Law360, New York (January 22, 2018, 9:00 PM EST) -- The U.S. Chamber of Commerce, National Association of Manufacturers, and other trade associations and energy groups urged the Fifth Circuit on Friday to overturn a $20 million judgment against ExxonMobil Corp., saying in an amicus brief that the lower court’s decision would unfairly penalize companies that took proactive environmental measures.

The brief argued that the Sierra Club and other environmental groups that sued Exxon over air pollution were only able to prove standing for five alleged emissions events, but that the district court judge levied damages based on 16,000 days of alleged violations. The judge also factored in unrelated improvement projects...

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