Greens Fight Exxon En Banc Bid In 5th Circ. Pollution Row

By Juan Carlos Rodriguez (July 25, 2016, 6:21 PM EDT) -- Environmentalists on Monday told the Fifth Circuit that it is not necessary to have an en banc review of a recent decision reviving a $641 million Clean Air Act citizen suit brought against ExxonMobil over alleged emissions at the company's Baytown, Texas, refinery.

A three-judge panel in May revived the suit brought by Environment Texas Citizen Lobby Inc. and the Sierra Club alleging that Exxon is liable for more than 18,000 CAA violations over eight years at the refinery, concluding that U.S. District Judge David Hittner had unevenly analyzed the groups' claims. Exxon has petitioned for a rehearing of that decision...

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