Appeals court affirms ExxonMobil’s $14.25 million penalty for Baytown complex violations
Energy & Environment The overwhelming court decision to reject ExxonMobil’s appeal put an end to a more than decade-long legal effort pushed forward by environmental groups in Texas and California, and Exxon’s several attempts to dodge responsibility for the violations. ExxonMobil Baytown RefineryThe Fifth Circuit Court of Appeals on Wednesday affirmed a $14.25 million penalty against oil giant ExxonMobil following thousands of environmental violations at a Baytown petrochemical complex. The overwhelming court decision to reject ExxonMobil’s appeal put an end to a more than decade-long legal effort pushed forward by environmental groups in Texas and California, and Exxon’s several attempts to dodge responsibility for the violations. A lawsuit asserting the Baytown complex committed more than 16,000 Clean Air Act violations was filed in 2010 by Sierra Club and Environment Texas. During an eight-year period, the Baytown refinery and chemical plant complex released more than 10 million pounds of pollution exceeding standards, according to a judge’s ruling. Environmental advocates called Wednesday’s ruling a victory in the ongoing litigation. The decision protects people who live in places heavily inundated with industrial pollution like the Houston Ship Channel, Neil Carman, a clean air program director at the Sierra Club, said. “Exxon’s Baytown refinery-chemical complex is the largest polluter on the Houston Ship Channel, impacting the air quality of hundreds of thousands of citizens,” Carman said. The penalty is the largest ever imposed by a court in a citizen-initiated lawsuit to enforce the Clean Air Act, according to Environment Texas. “This ruling affirms a bedrock principle of constitutional law that people who live near pollution-spewing industrial facilities have a personal stake in holding polluters accountable for non-compliance with federal air pollution limits, and therefore have a right to sue to enforce the Clean Air Act as Congress intended,” Josh Kratka, one of the lead attorney on the case said in a statement. In a concurring opinion, seven judges argued they would have gone a step further by reinstating U.S. District Court Judge David Hittner’s decision to impose a $19.95 million penalty. In 2020, a three-judge panel rejected most arguments Exxon made in its appeal of the original $19.95 million fine. The appellate court sent the case back to Hittner to make additional findings, according to Environment Texas. In 2021, Hittner affirmed the environmental groups’ findings of thousands of instances of illegal flaring and pollution releases, imposing the $14.25 million penalty that was affirmed by the court of appeals on Wednesday. Exxon’s 3,400 acre Baytown refinery is located about 25 miles east of downtown Houston, and tens of thousands of people live within a three mile radius of the complex. “Ordinary citizens harmed by industrial pollution should be able to take polluters to court to deter future violations in the way Congress had unequivocally intended citizens to do,” David Nicholas, a lead attorney with Environment Texas and Sierra Club said in a statement. “The Fifth Circuit’s decision has affirmed this principle.”
The overwhelming court decision to reject ExxonMobil's appeal put an end to a more than decade-long legal effort pushed forward by environmental groups in Texas and California, and Exxon's several attempts to dodge responsibility for the violations.
Energy & Environment
The overwhelming court decision to reject ExxonMobil’s appeal put an end to a more than decade-long legal effort pushed forward by environmental groups in Texas and California, and Exxon’s several attempts to dodge responsibility for the violations.
The Fifth Circuit Court of Appeals on Wednesday affirmed a $14.25 million penalty against oil giant ExxonMobil following thousands of environmental violations at a Baytown petrochemical complex.
The overwhelming court decision to reject ExxonMobil’s appeal put an end to a more than decade-long legal effort pushed forward by environmental groups in Texas and California, and Exxon’s several attempts to dodge responsibility for the violations.
A lawsuit asserting the Baytown complex committed more than 16,000 Clean Air Act violations was filed in 2010 by Sierra Club and Environment Texas. During an eight-year period, the Baytown refinery and chemical plant complex released more than 10 million pounds of pollution exceeding standards, according to a judge’s ruling.
Environmental advocates called Wednesday’s ruling a victory in the ongoing litigation.
The decision protects people who live in places heavily inundated with industrial pollution like the Houston Ship Channel, Neil Carman, a clean air program director at the Sierra Club, said.
“Exxon’s Baytown refinery-chemical complex is the largest polluter on the Houston Ship Channel, impacting the air quality of hundreds of thousands of citizens,” Carman said.
The penalty is the largest ever imposed by a court in a citizen-initiated lawsuit to enforce the Clean Air Act, according to Environment Texas.
“This ruling affirms a bedrock principle of constitutional law that people who live near pollution-spewing industrial facilities have a personal stake in holding polluters accountable for non-compliance with federal air pollution limits, and therefore have a right to sue to enforce the Clean Air Act as Congress intended,” Josh Kratka, one of the lead attorney on the case said in a statement.
In a concurring opinion, seven judges argued they would have gone a step further by reinstating U.S. District Court Judge David Hittner’s decision to impose a $19.95 million penalty.
In 2020, a three-judge panel rejected most arguments Exxon made in its appeal of the original $19.95 million fine. The appellate court sent the case back to Hittner to make additional findings, according to Environment Texas. In 2021, Hittner affirmed the environmental groups’ findings of thousands of instances of illegal flaring and pollution releases, imposing the $14.25 million penalty that was affirmed by the court of appeals on Wednesday.
Exxon’s 3,400 acre Baytown refinery is located about 25 miles east of downtown Houston, and tens of thousands of people live within a three mile radius of the complex.
“Ordinary citizens harmed by industrial pollution should be able to take polluters to court to deter future violations in the way Congress had unequivocally intended citizens to do,” David Nicholas, a lead attorney with Environment Texas and Sierra Club said in a statement. “The Fifth Circuit’s decision has affirmed this principle.”