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ARTICLE · 21 SEPTEMBER 2017

How Imminent Are The Impacts Of Climate Change In Everett?

Yesterday, Judge Mark Wolf dismissed part of the Conservation Law Foundation's claims in its litigation against ExxonMobil concerning ExxonMobil's Everett Terminal facility.

United StatesEnvironment

Yesterday, Judge Mark Wolf dismissed part of the Conservation Law Foundation's claims in its litigation against ExxonMobil concerning ExxonMobil's Everett Terminal facility. The opinion is both interesting and pleasurably concise – a rare combination!

Judge Wolf found that CLF had credibly alleged that the Terminal is violating its NPDES permit. Importantly, he also found that CLF stated that there is:

substantial risk" that severe weather events, such as storm surges, heavy rainfall, or flooding, will cause the terminal to discharge pollutants into those areas in the near future and while the Permit is in effect. Finally, plaintiff plausibly alleges that these actual and imminent harms are redressable by the court through an order that defendants comply with the Permit.

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