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US Supreme Court dismisses Exxon’s appeal of $14.25 million air pollution penalty

The U.S. Supreme Court rejected Exxon Mobil Corp.'s attempt to reverse a civil penalty of $14.25m that a court imposed as part of a long-running case over air pollution in its Baytown, Texas crude oil refinery.

Exxon asked the Justices to review the case, after a lower-court in December upheld a penalty that was the highest ever imposed in a citizen's lawsuit seeking enforcement of protections against pollution in the air under the landmark Clean Air Act.

The lawsuit was filed by the Environment Texas Citizen Lobby in 2010 and the Sierra Club. It focused on Exxon’s Baytown operation, the largest petroleum- and petrochemical-based complex in the United States.

The plaintiffs alleged that the facility regularly exceeded the limits set by the Clean Air Act for emissions of harmful air pollution, which affected the health and daily lives of those who lived and worked nearby.

In 2017, Houston-based U.S. district judge David Hittner issued a $19.95m penalty to Exxon for pollution at the Baytown Complex between 2005 and 2013

The 5th U.S. Circuit Court of Appeals, based in New Orleans, threw out the penalty and ordered Hittner to reassess it. In 2021, the judge issued a new $14.25 million penalty. The 5th U.S. Circuit Court of Appeals, based in New Orleans, later threw the penalty out and ordered Hittner reassessment, resulting in a judge issuing a $14.25-million penalty in 2021, which was ultimately upheld by the appellate court.

Exxon, in its appeal to the Supreme Court argued that plaintiffs did not have legal standing to bring the case, and that, like other federal appeals court, the 5th Circuit had used a novel standing standard that the justices must reject.

Exxon stated that, under the 5th Circuit standard, plaintiffs seeking penalties in environmental cases for Clean Air Act violation may establish standing by demonstrating that the injuries suffered were the types of injuries that a defendant could have caused rather than those that are likely to be caused.

Exxon asked the Supreme Court to use the lawsuit to overturn a 2000 ruling called Friends of the Earth V. Laidlaw Environmental Services Act. This case held that citizens could have standing to claim penalties under the Clean Air Act, even though penalties were paid to the U.S. Treasury.

The Supreme Court is dominated by a conservative 6-3 majority. Its ideological makeup has changed since the 7-2 decision in that case.

Clarence Thomas is the only justice currently serving to have participated in this case. He joined the late Justice Antonin Scalia's dissenting view, which stated that the case had been decided on "preposterous grounds".

(source: Reuters)