In Exxon Case, 5th Circuit Raises Standing Bar For Air Law Citizen Suits

July 30, 2020
The U.S. Court of Appeals for the 5th Circuit is raising the bar for environmentalists to prove Article III standing to sue companies in Clean Air Act citizen enforcement suits, vacating and remanding a landmark $20 million judgment against ExxonMobil and finding plaintiffs must demonstrate harm from every alleged violation to win standing. “Plaintiffs argue that although they must prove standing for each Clean Air Act claim (that is, group of violations of a particular emission standard), there is not...

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