In the News

First Circuit Ruling on CLF Appeal of Order Granting Motion to Stay

On July 1, 2021, in the case against ExxonMobil for violations of the Clean Water Act and the Resource Conservation and Recovery Act, including its failure to prepare its Everett coastal facilities for the impacts of climate change, the U.S. First Circuit Court of Appeals reversed and remanded the decision from the district court granting Defendant Exxon Mobil’s request for a stay of the case.  The Court found that the district court had abused its discretion in granting a stay under the doctrine of primary jurisdiction until EPA issues a new permit for ExxonMobil’s Everett terminal and remanded the case to the District of Massachusetts to proceed with discovery and trial preparations.

Kanner & Whiteley, together with CLF, has been litigating the case against ExxonMobil since 2016, and has filed similar lawsuits in Rhode Island and Connecticut.

For more information on the ruling and a link to the court’s decision, click here.

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