Exxon Renews Strict Standing Theory As 5th Circuit Weighs Key Citizen Suit

March 20, 2023
ExxonMobil is arguing for a strict theory of standing in Clean Air Act citizen enforcement suits that would require plaintiffs to prove causation by the oil company of all their alleged injuries in order to establish standing, in a test of Supreme Court precedent on the issue that could result in severe constraints on citizen suits. In a March 20 supplemental brief filed in its en banc appeal of Environment Texas Citizen Lobby, Inc. v. ExxonMobil Corp. , the company...

Not a subscriber? Sign up for 30 days free access to exclusive environmental policy reporting.