Not "Too Big To Fail." Too Big To Comply.

Last year, the 5^th Circuit Court of Appeals vacated the decision by District Judge David Hittner not to impose any penalties on ExxonMobil for violations alleged in a Clean Air Act citizens' suit concerning ExxonMobil's Baytown facility. At the time, I asserted that the case was largely a win for ExxonMobil.

Last week, Judge Hittner, in an opinion which was admirably scrupulous in not trying to dodge the 5^th Circuit remand, imposed a $20 million penalty against ExxonMobil.  I still think ExxonMobil should declare victory.

Why?

Because Judge Hittner reiterated all the same issues I noted last May:

• Deviation reports, by themselves, do not constitute evidence of violations