By TONI ELLINGTON
The U.S. District Court for the Southern District of Texas, Houston Division, ruled last week that ExxonMobil Corporation should not be penalized under the Clean Air Act for emissions at their Texas refinery, olefins plant, and chemical plant in Baytown, Texas. Environmental groups Environment Texas Citizens Lobby, Inc. and the Sierra Club filed suit against ExxonMobil in 2010, alleging that the refinery had emissions which were over the allowed limits since 2005.
Judge David Hittner found that the plaintiffs had not demonstrated that ExxonMobil allowed emissions from the refinery that violated the Clean Air Act. According to the court, there were numerous unplanned emissions from the refinery over the previous eight years, but the company had not allowed a pattern of violations to continue.
The ExxonMobil facilities make up the largest petroleum and petrochemical complex in the United States. The facilities produce products ranging from jet fuel to plastics, and employ over 5,000 people.
Plaintiff Environment Texas Citizens Lobby, Inc., with approximately 2,900 members in Texas, is a non-profit corporation with a stated purpose of engaging in activities to promote pro-environment political ideas and policies. Plaintiff The Sierra Club is a national non-profit organization with approximately 25,000 members in the Lone Star Chapter. Its purpose is to “protect humanity, the environment, and the ability to enjoy the outdoors.”
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. Judge Hittner noted that ExxonMobil had spent more than $1 billion on regulatory compliance and related improvements to the facilities in recent years.
For more information or reports on similar litigation, contact Toni Ellington at (504) 599-8500.
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