Wednesday, January 21, 2015

ENVIRONMENTAL GROUPS PLAN TO APPEAL FAVORABLE RULING FOR EXXON MOBIL OVER BAYTOWN, TEXAS EMISSIONS

By TONI ELLINGTON

Environmental groups announced on January 16, 2015, that they intend to appeal the decision of the U.S. District Court for the Southern District of Texas not to fine Exxon Mobil $64.1 million for Clean Air Act violations.  The groups, Environment Texas Citizens Lobby, Inc. and the Sierra Club, had filed suit against Exxon Mobil in 2010 over emissions at its Texas refinery, olefins plant, and chemical plant in Baytown, Texas.  The plaintiffs had alleged that the refinery had emissions which were in violation of the allowed limits since 2005.

The court’s ruling was made following a 13-day bench trial in which the plaintiffs presented evidence of at least 241 reportable emissions, 3,755 recordable emissions, and 901 permit deviations between 2005 and 2013, according to court papers.  U.S. District Judge Hittner noted that ExxonMobil had spent more than $1 billion on regulatory compliance and related improvements to the facilities in recent years.  He found that the plaintiffs had not demonstrated that Exxon Mobil had allowed the emissions problems to go unchecked.

The Baytown refinery is one of the largest and most complex industrial chemical compounds in the United States.

For more information or reports on similar litigation, contact Toni Ellington at (504) 599-8500.

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