A stridently split appellate court has upheld a landmark fine against Exxon Mobil for Clean Air Act violations at its Baytown petrochemical complex near Houston.
Barely.
In what amounted to a 9-8 decision issued Wednesday, judges on the 5th U.S. Circuit Court of Appeals acknowledged that they were badly divided on underlying legal issues related to the long-running lawsuit.
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But “justice delayed is justice denied,” Senior Judge W. Eugene Davis and six colleagues wrote in upholding a 2021 lower court decision to impose a $14.25 million civil penalty on Exxon.
