Case Updates
Divided Fifth Circuit panel holds (1) that plaintiffs had standing to bring citizen suit seeking penalties for Clean Air Act violations on 3,651 violation days; and (2) that $14.25 million penalty was not an abuse of discretion
August 30, 2022
Click here to view the opinion.
U.S. Chamber files coalition amicus brief urging Fifth Circuit (1) to revisit, in light of new Supreme Court case law, plaintiffs’ standing to assert Clean Air Act citizen-suit claims and (2) to reject district court’s approach to setting penalty
July 14, 2021
Click here to view the coalition amicus brief. Aaron M. Streett, Matthew Kuryla, Laura Williams, and Elisabeth C. Buttler 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 two coalition amicus briefs in this case.
Fifth Circuit reverses and remands penalty award in citizen suit brought under the Clean Air Act, holding plaintiffs failed to sufficiently establish Article III standing
July 29, 2020
Click here to view the opinion.
U.S. Chamber files coalition brief arguing Fifth Circuit should reverse penalty award in citizen suit brought under Clean Air Act on Article III standing and cost-benefit grounds
January 19, 2018
Click here to view the coalition brief filed by the U.S. Chamber, American Fuel & Petrochemical Manufacturers, BCCA Appeal Group, National Association of Manufacturers, Texas Association of Business, Texas Chemical Council, and Texas Oil & Gas Association. Aaron M. Streett and Matthew Kuryla of Baker Botts L.L.P. served as co-counsel for the U.S. Chamber.
Case Documents
- U.S. Chamber Amicus Brief, 1.19.2018 -- Environment Texas Citizen Lobby, Inc. v. Exxon Mobil Corp. (Fifth Circuit).pdf
- Opinion -- Environment Texas Citizen Lobby, Inc. v. Exxon Mobil Corp. (Fifth Circuit).pdf
- U.S. Chamber Amicus Brief, 7.14.2021 -- Environment Texas Citizen Lobby, Inc. v. Exxon Mobil Corp. (Fifth Circuit).pdf
- Opinion Environment Texas Citizen Lobby2 C Inc v Exxon Mobil Corp Fifth Circuit