Court upholds Exxon’s record air-pollution fine

By Sean Reilly | 12/12/2024 01:24 PM EST

The roster of 5th U.S. Circuit Court of Appeals judges, however, were badly divided on underlying legal issues in the long-running lawsuit.

Steam rises from towers at an Exxon Mobil refinery.

Steam rises from towers at an Exxon Mobil refinery in Baytown, Texas, in April 2010. In a long-running suit, an appeals court upheld a record fine against the company for Clean Air Act violations at the Baytown complex. Pat Sullivan/AP

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.

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