Federal Court Affirms $14m Penalty Against Exxon For Pollution In Texas

A national tribunal connected Wednesday affirmed a national judge’s 2021 ruling imposing a $14.25 cardinal punishment connected Exxon Mobil for thousands of violations of nan national Clean Air Act astatine nan company’s refinery and chemic works analyzable successful Baytown.

The determination by a mostly of nan Fifth Circuit Court of Appeals rejects Exxon’s latest appeal, closing complete a decade of litigation since nan Sierra Club and Environment Texas sued nan institution successful 2010.

“This ruling affirms a bedrock rule of law rule that group who unrecorded adjacent pollution-spewing business accommodation person a individual liking successful holding polluters accountable for non-compliance pinch national aerial contamination limits, and truthful person a correct to writer to enforce nan Clean Air Act arsenic Congress intended,” Josh Kratka, managing lawyer astatine nan National Environmental Law Center and a lead lawyer connected nan case, said successful a statement.

From 2005 to 2013, a national judge recovered successful 2017, Exxon’s refinery and chemic plants successful Baytown released 10 cardinal pounds of contamination beyond its state-issued aerial permits, including carcinogenic and toxic chemicals. U.S. District Judge David Hittner ordered Exxon to salary $19.95 cardinal arsenic reward for exceeding aerial contamination limits connected 16,386 days.

“We’re disappointed successful this determination and considering different ineligible options,” an Exxon spokesperson said successful consequence to nan ruling.

Baytown sits 25 miles extracurricular of Houston, pinch tens of thousands of group surviving adjacent Exxon’s facility.

Exxon appealed and asked Hittner to re-examine really nan good was calculated, including by considering really overmuch money nan institution saved by delaying repairs that would’ve prevented nan excess aerial emissions successful nan first place. The institution besides based on that it had presented capable grounds to show that emissions were unavoidable.

In 2021, Hittner reduced nan good to $14.25 cardinal — nan largest punishment imposed by a tribunal retired of a citizen-initiated suit nether nan Clean Air Act, according to Environment Texas. Exxon appealed again, challenging nan plaintiffs’ opinionated to bring nan lawsuit.

While a mostly of nan Fifth Circuit Court of Appeals affirmed Hittner’s 2021 determination connected Wednesday, 7 members of nan 17-judge sheet besides said they would person upheld nan $19.95 cardinal fine.

“The main rumor earlier nan en banc Court is whether Plaintiffs’ members, who live, work, and recreate adjacent Exxon’s facility, person a capable ‘personal stake’ successful curtailing Exxon’s ongoing and early unlawful emissions of hazardous pollutants,” nan judges wrote successful a concurring opinion. “We reason that nan territory tribunal correctly held that Plaintiffs established opinionated for each of their claims and did not maltreatment its discretion successful awarding a punishment of $19.95 cardinal against Exxon to deter it from committing early violations.”

The Sierra Club and Environment Texas sued Exxon nether a proviso successful nan national Clean Air Act that allows citizens to writer amid inaction by authorities and national biology regulators. The Texas Commission connected Environmental Quality seldom penalizes companies for unauthorized aerial emissions, a Texas Tribune investigation found.

“People successful Baytown and Houston expect manufacture to beryllium bully neighbors,” Luke Metzger, executive head of Environment Texas, said successful a statement. “But erstwhile companies break nan rule and put health-threatening contamination into neighborhoods, they request to beryllium held accountable.”

Disclosure: Exxon Mobil Corporation has been a financial protagonist of The Texas Tribune, a nonprofit, nonpartisan news statement that is funded successful portion by donations from members, foundations and firm sponsors. Financial supporters play nary domiciled successful nan Tribune’s journalism. Find a complete database of them here.

This article primitively appeared successful The Texas Tribune astatine https://www.texastribune.org/2024/12/11/texas-exxon-clean-air-act-penalty-affirmed/.

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Topics Texas Pollution