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Exxon Rehearing Request Opposed in Fifth Circuit Air Case

July 27, 2016, 4:00 AM

ExxonMobil Corp.'s request for rehearing of a federal appeals court ruling that revived a multimillion-dollar Clean Air Act lawsuit brought by environmental organizations presents no new issues that merit reconsideration, the advocacy groups said (Env’t Texas Citizen Lobby Inc. v. ExxonMobil Corp., 5th Cir., 15-20030, brief filed 7/25/16)

“Because the panel did nothing more than direct the District Court to apply well-settled principles of [Clean Air Act] penalty assessment, there is no error—much less one of exceptional public importance—to correct,” the Sierra Club and Environment Texas Citizen Lobby Inc., which had originally sued Exxon, told the U.S. ...