Texans United for a Safe Economy Education Fund v. Crown Central Petroleum Corp.
Court of Appeals for the Fifth Circuit
1Opinion of the Court
W. EUGENE DAVIS, Circuit Judge:
Two individuals and three environmental organizations (collectively “Texans United”) brought this citizens suit under the Clean Air Act, 42 U.S.C. §§ 7401, et seq., seeking declaratory and injunctive relief, civil penalties and costs against Crown Central Petroleum Corporation (“Crown”) for violations of emission standards for hydrogen sulfide and sulfur dioxide that occurred at its Pasadena, Texas refinery. The district court granted Crown’s motion for summary judgment on grounds that an administrative proceeding instituted by a Texas agency precluded their…
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