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Texas Citizen Suit Developments

In late April, a decision out of the U.S. District Court for the Southern District of Texas sent waves through the Texas environmental community, assessing a civil penalty of almost $20 million in a citizen suit brought by environmental non-governmental organizations (NGOs) under Section 304 of the federal Clean Air Act. Whit Swift discusses that suit, the alleged violations for which the plaintiffs pursued enforcement, and lessons learned from both the federal court of appeals and district court decisions that led to the outcome.