1st Circuit Overturns Stay In Novel Citizen Climate Suit Against Exxon

A federal appellate court is allowing environmentalists to continue their novel citizen climate suit claiming ExxonMobil is violating federal environmental laws at a Massachusetts facility, overturning a lower court stay after finding there is no guarantee EPA’s upcoming water permit will address plaintiffs’ concerns about mitigating climate effects. “[W]e think the district court erred in granting a stay under the doctrine of primary jurisdiction until EPA issues a new [Clean Water Act (CWA)] permit for ExxonMobil's Everett terminal,” Judge O...