Industry Warns 5th Circuit’s Standing Ruling Usurps States’ Authority

October 21, 2022
Industry groups are backing Exxon’s call for the full U.S. Court of Appeals for the 5th Circuit to review a panel ruling upholding a landmark clean air citizen suit against the company, warning the decision contradicts Supreme Court precedent on standing and may create a “sprawling,” “quasi-regulatory” program that displaces states’ authority. “Disregarding the fundamental Article III requirement that plaintiffs prove that they suffered injuries traceable to each violation, the panel majority crafted a standing test that included per se...

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