5th Circuit Backs Citizens’ Standing In Exxon Suit, But More Appeals Loom

A divided panel of the U.S. Court of Appeals for the 5th Circuit has affirmed environmentalists’ standing to sue oil giant ExxonMobil Corp. for thousands of Clean Air Act violations and upheld a record penalty, but the dissent points to en banc review or even its elevation to the Supreme Court, with the outcome in doubt for the plaintiffs. In its 2-1 Aug. 30 opinion and ruling in Environment Texas Citizen Lobby (ETCL), et al. v. ExxonMobil Corp., et...