Case Updates
Fifth Circuit, in a fractured en banc decision, affirms the district court judgment and penalties, citing the need to avoid delayed resolution of this long-running Clean Air Act (CAA) citizen suit
December 11, 2024
Arguing against affirmance, the U.S. Chamber filed a coalition amicus brief, and presented oral argument, arguing for enforcing Article III standing requirements in such suits and for enforcing statutory limits on penalties for CAA violations.
The U.S. Chamber has filed a total of five amicus briefs in this case.
U.S. Chamber files coalition amicus brief
March 27, 2023
The coalition amicus brief urges the Fifth Circuit, sitting en banc, to enforce Article III standing requirements for citizen-suit plaintiffs’ standing under the Clean Air Act and to enforce statutory limits on factors courts may consider in assessing penalties.
Aaron M. Streett, Matthew Kuryla, Harrison Reback, and Elisabeth C. Butler of Baker Botts LLP and the U.S. Chamber’s Litigation Center served as co-counsel for the U.S. Chamber.
Fifth Circuit grants rehearing en banc in case where panel majority had relaxed the rules for assessing citizen-suit plaintiffs’ Article III standing to assert Clean Air Act claims
February 17, 2023
Click here to view the order.
U.S. Chamber files coalition amicus brief urging Fifth Circuit to grant rehearing en banc to repudiate panel majority’s relaxed rules for assessing citizen-suit plaintiffs’ Article III standing to assert Clean Air Act claims
October 20, 2022
The brief argues that the majority’s approach contradicts Supreme Court precedent and threatens to transform citizen suits from civil actions designed to resolve concrete controversies into regulatory vehicles for dictating environmental policy.
Aaron M. Streett, Matthew Kuryla, Harrison Reback, and Elisabeth C. Butler of Baker Botts L.L.P. and the U.S. Chamber’s Litigation Center served as co-counsel for the U.S. Chamber.
Previously, the U.S. Chamber filed three amicus briefs in this case.
Case Documents
- Opinion -- Environment Texas Citizen Lobby, Inc. v. Exxon Mobil Corp. (Fifth Circuit).pdf
- U.S. Chamber Amicus Brief, 10.20.22 -- Environment Texas Citizen Lobby, Inc. v. Exxon Mobil Corp. (Fifth Circuit).pdf
- Order Granting Rehearing En Banc --Environment Texas Citizen Lobby, Inc. v. Exxon Mobil Corp. (Fifth Circuit).pdf
- U.S. Chamber Amicus Brief, 3.27.23 -- Environment Texas Citizen Lobby, Inc. v. Exxon Mobil Corp. (Fifth Circuit).pdf
- Opinion -- Environment Texas Citizen Lobby, Inc. v. Exxon Mobil Corp. (Fifth Circuit)