POLITICO Energy Court upholds ExxonMobil’s multi-million pollution penalty
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Dec 12, 2024 In this insightful discussion, Alex Guillén, an energy reporter for POLITICO Pro, unpacks the recent federal appeals court ruling that mandates ExxonMobil to pay a hefty $14.25 million fine for pollution from its Texas refinery. He explores the intricacies of the judicial battles among a rare 17-judge panel and the mixed opinions that emerged. Guillén also highlights the broader implications for environmental accountability in the oil industry, along with new legislative efforts aimed at securing the U.S. critical mineral supply chain, particularly amid rising tensions with China.
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ExxonMobil's Pollution Case
- Sierra Club and a Texas group sued ExxonMobil over eight years of pollution violations at its Baytown refinery.
- The violations, based on ExxonMobil's self-reported data, led to a record $14 million fine after a nine-year legal battle.
Unusual 17-Judge Panel
- The appeal involved 17 judges, which is unusual for appeals courts that typically use three-judge panels.
- This large panel resulted from an "en banc" rehearing, a rare occurrence where the full circuit reviews a prior ruling.
Judicial Deadlock
- The Fifth Circuit, known for its conservative stance, reached a deadlock with no majority opinion.
- This led to a one-paragraph ruling affirming the lower court's decision, followed by multiple concurrences and dissents outlining differing legal viewpoints.