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Oil and Gas
10 min read
Areas of Expertise :
Air Quality, Environmental Engineering, Industrial Hygiene, Regulatory Compliance, Oil And Gas
Published Date:
Last Modified Date:
Jurisdiction:
Federal. Fifth Circuit
Environment Texas Citizen Lobby, Inc. and the Sierra Club sued ExxonMobil and related entities in the Southern District of Texas (No. 4:10-cv-4969) under the Clean Air Act’s citizen-suit provision, alleging repeated permit violations tied to emissions events at Exxon’s Baytown complex. After a bench trial, the district court initially treated only a limited subset of alleged violations as actionable and declined to impose a civil penalty. On appeal, the Fifth Circuit held that the district court applied an unduly narrow actionability analysis and misapplied key statutory penalty considerations, vacating and remanding for further proceedings. On remand, the district court expanded the set of actionable violation-days and imposed a substantial civil penalty, which led to additional appellate review focused on constitutional standing and the proper scope of remedies.
In later appellate proceedings, the Fifth Circuit addressed whether the organizations had standing to pursue particular violations and required more specific findings on traceability for the alleged injuries, sending the case back for targeted factfinding before final appellate resolution. The district court then concluded that plaintiffs proved traceability for 3,651 of 16,386 violation-days and recalculated the civil penalty to $14.25 million to reflect the reduced set of justiciable violations; it also analyzed the size, duration, and seriousness of the violations and Exxon’s economic benefit from noncompliance in revisiting remedies. The record described emissions events as involving releases that could contribute to flaring, smoke, or haze, and the litigation posture treated these types of releases as relevant to members’ claimed impacts on air quality. The Fifth Circuit ultimately affirmed the district court’s March 2, 2021 judgment, and the Supreme Court later declined further review, leaving the judgment in place.
Environment Texas Citizen Lobby and the Sierra Club filed a Clean Air Act citizen suit focused on ExxonMobil’s Baytown, Texas refining and petrochemical complex. The claims centered on alleged permit-related violations tied to emissions events and deviation reporting over a multi-year period. The case proceeded in federal court in the Southern District of Texas.
After a thirteen-day bench trial with twenty-five witnesses and more than 1,000 exhibits, the district court found the plaintiffs had Article III standing but treated only a limited set of violation-days as actionable under its Clean Air Act analysis. The court declined to impose civil penalties at that stage. Plaintiffs appealed from that outcome.
The Fifth Circuit vacated the district court’s judgment and remanded, concluding the lower court erred in its liability analysis and abused its discretion in how it assessed multiple mandatory civil-penalty factors. The opinion described plaintiffs presenting economic-benefit evidence through their expert, Mr. Shefftz, including calculations tied to delayed implementation of four projects addressed in a TCEQ agreed enforcement order. The remand required a reassessment of remedies with record-based findings, including on economic benefit where relevant.
On remand, the district court again found standing, held Exxon liable for 16,386 days of violations, and imposed a $19.95 million civil penalty. Exxon appealed, challenging standing-related issues and the penalty determination. This appeal launched the next phase of the case in the Fifth Circuit.
A divided Fifth Circuit panel held the plaintiffs had shown injury-in-fact and redressability but ordered a limited remand for more specific traceability findings tied to individual violations. In discussing the standing record, the opinion described evidence that included plaintiffs’ expert Dr. Edward Brooks addressing pollutant levels and health-effect thresholds in connection with the types of member impacts asserted. The panel required a more disciplined, violation-focused approach to traceability before final resolution of remedies.
Applying the Fifth Circuit’s traceability framework, the district court found traceability for 3,651 of the 16,386 violation-days and recalculated the civil penalty. The court reduced the award to $14.25 million to reflect the narrowed set of justiciable violations while still finding civil penalties appropriate under the governing factors. The decision addressed categories of emissions events used in the traceability analysis, including events described in the record as involving flaring or smoke.
A Fifth Circuit panel affirmed the district court’s post-remand judgment, including the $14.25 million civil penalty, and discussed the district court’s evaluation of statutory penalty factors such as economic benefit. This panel opinion was vacated when the Fifth Circuit granted rehearing en banc and therefore did not remain controlling.
After the 2022 decision, the Fifth Circuit granted rehearing en banc and vacated the panel opinion. The case remained pending while the full court considered the appeal and the proper disposition. This step kept the litigation active at the appellate level.
Sitting en banc, the Fifth Circuit issued a per curiam decision affirming the district court’s March 2, 2021 judgment, leaving the $14.25 million civil penalty intact as the operative judgment of the court of appeals.
Court:
United States Court of Appeals for the Fifth Circuit
Case Name:
Environment Texas Citizen Lobby, Inc. v. ExxonMobil Corp.
Clean Air Act
Air Pollution
Atmospheric dispersion modeling
Meteorology
Environmental Compliance
Environmental Protection Agency EPA
Exposure Assessments
Environmental Toxicology
Petrochemical
Economic Analysis
Environment Texas Citizen Lobby, Inc. and the Sierra Club sued ExxonMobil and related entities in the Southern District of Texas (No. 4:10-cv-4969) under the Clean Air Act’s citizen-suit provision, alleging repeated permit violations tied to emissions events at Exxon’s Baytown complex. After a bench trial, the district court initially treated only a limited subset of alleged violations as actionable and declined to impose a civil penalty. On appeal, the Fifth Circuit held that the district court applied an unduly narrow actionability analysis and misapplied key statutory penalty considerations, vacating and remanding for further proceedings. On remand, the district court expanded the set of actionable violation-days and imposed a substantial civil penalty, which led to additional appellate review focused on constitutional standing and the proper scope of remedies.
In later appellate proceedings, the Fifth Circuit addressed whether the organizations had standing to pursue particular violations and required more specific findings on traceability for the alleged injuries, sending the case back for targeted factfinding before final appellate resolution. The district court then concluded that plaintiffs proved traceability for 3,651 of 16,386 violation-days and recalculated the civil penalty to $14.25 million to reflect the reduced set of justiciable violations; it also analyzed the size, duration, and seriousness of the violations and Exxon’s economic benefit from noncompliance in revisiting remedies. The record described emissions events as involving releases that could contribute to flaring, smoke, or haze, and the litigation posture treated these types of releases as relevant to members’ claimed impacts on air quality. The Fifth Circuit ultimately affirmed the district court’s March 2, 2021 judgment, and the Supreme Court later declined further review, leaving the judgment in place.
Environment Texas Citizen Lobby and the Sierra Club filed a Clean Air Act citizen suit focused on ExxonMobil’s Baytown, Texas refining and petrochemical complex. The claims centered on alleged permit-related violations tied to emissions events and deviation reporting over a multi-year period. The case proceeded in federal court in the Southern District of Texas.
After a thirteen-day bench trial with twenty-five witnesses and more than 1,000 exhibits, the district court found the plaintiffs had Article III standing but treated only a limited set of violation-days as actionable under its Clean Air Act analysis. The court declined to impose civil penalties at that stage. Plaintiffs appealed from that outcome.
The Fifth Circuit vacated the district court’s judgment and remanded, concluding the lower court erred in its liability analysis and abused its discretion in how it assessed multiple mandatory civil-penalty factors. The opinion described plaintiffs presenting economic-benefit evidence through their expert, Mr. Shefftz, including calculations tied to delayed implementation of four projects addressed in a TCEQ agreed enforcement order. The remand required a reassessment of remedies with record-based findings, including on economic benefit where relevant.
On remand, the district court again found standing, held Exxon liable for 16,386 days of violations, and imposed a $19.95 million civil penalty. Exxon appealed, challenging standing-related issues and the penalty determination. This appeal launched the next phase of the case in the Fifth Circuit.
A divided Fifth Circuit panel held the plaintiffs had shown injury-in-fact and redressability but ordered a limited remand for more specific traceability findings tied to individual violations. In discussing the standing record, the opinion described evidence that included plaintiffs’ expert Dr. Edward Brooks addressing pollutant levels and health-effect thresholds in connection with the types of member impacts asserted. The panel required a more disciplined, violation-focused approach to traceability before final resolution of remedies.
Applying the Fifth Circuit’s traceability framework, the district court found traceability for 3,651 of the 16,386 violation-days and recalculated the civil penalty. The court reduced the award to $14.25 million to reflect the narrowed set of justiciable violations while still finding civil penalties appropriate under the governing factors. The decision addressed categories of emissions events used in the traceability analysis, including events described in the record as involving flaring or smoke.
A Fifth Circuit panel affirmed the district court’s post-remand judgment, including the $14.25 million civil penalty, and discussed the district court’s evaluation of statutory penalty factors such as economic benefit. This panel opinion was vacated when the Fifth Circuit granted rehearing en banc and therefore did not remain controlling.
After the 2022 decision, the Fifth Circuit granted rehearing en banc and vacated the panel opinion. The case remained pending while the full court considered the appeal and the proper disposition. This step kept the litigation active at the appellate level.
Sitting en banc, the Fifth Circuit issued a per curiam decision affirming the district court’s March 2, 2021 judgment, leaving the $14.25 million civil penalty intact as the operative judgment of the court of appeals.
Air Quality and Exposure Expert Witness (Plaintiff)
The record describes Plaintiffs’ expert Dr. Edward Brooks as addressing pollutant exposure and health-effect thresholds, including opinions on the levels of sulfur dioxide and hydrogen sulfide necessary to cause adverse health effects. He also opined that it was “very likely that health effects occurred in exposed neighborhoods bordering the complex” from Exxon’s sulfur dioxide emissions and made similar conclusions for other pollutants, including hydrochloric acid, benzene, and hydrogen sulfide. The Fifth Circuit treated this expert evidence as part of the standing and traceability record when evaluating whether emissions could cause or contribute to the types of injuries alleged.
Economic Benefit for Civil Penalty Factors Expert Witness (Plaintiff)
The record identifies Plaintiffs’ economic benefit expert Mr. Shefftz, who offered economic benefit tied to delaying four environmental improvement projects contained in a TCEQ agreed enforcement order. He used implementation dates from the order and cost estimates from one of Exxon’s environmental coordinators to calculate that the benefit from delaying those projects between 2005 and 2012 was approximately $11.7 million, and Plaintiffs relied on that testimony to argue Exxon gained at least that amount by not implementing the projects earlier. The Fifth Circuit cited this testimony in concluding the district court should have made findings on whether Exxon received an economic benefit from failing to implement the TCEQ projects earlier as part of the civil-penalty analysis.
Atmospheric Dispersion Modeling and Meteorology Expert Witness
In Clean Air Act permit and emissions-event disputes, atmospheric dispersion and meteorology experts are often engaged to interpret how wind conditions, timing, and distance relate emissions events to off-site locations when courts require a violation-focused traceability analysis. This work typically centers on whether emissions could travel beyond a facility boundary in discernible quantities under conditions described in the record. It can also help explain why some categories of events present a clearer off-site transport pathway than others.
Industrial Hygiene or Toxicology Expert Witness
Industrial hygiene or toxicology experts are often engaged to explain how reported releases and concentration concepts relate to exposure pathways, including odor, irritation, or respiratory effects described in testimony. Their role is commonly to separate what the measurements and records support from broader causal claims, using clear thresholds and conservative interpretations. This framing can assist courts assessing whether a pollutant could cause or contribute to the kinds of injuries alleged.
Build standing with violation-specific traceability, not broad facility narratives.
This case shows that standing can turn on whether each challenged violation has a concrete link to member impacts, not simply whether the facility operated in a way that could affect nearby communities. A record that ties particular emissions events to locations, timing, and the type of off-site experience described by members can matter when courts require focused traceability findings. Framing the facts around observable effects tied to emissions events can also help courts evaluate air quality concerns without drifting into generalized advocacy.
Preserve appellate issues early, because remands may narrow the fight rather than restart it.
The litigation shows how an appellate court can vacate and remand while limiting the trial court to targeted factfinding, which can reframe remedies without reopening every merits issue. Attorneys should brief and preserve the core legal theories and defenses in a way that remains usable after a limited remand, especially when standing questions are intertwined with remedy calculations. Treat each appeal as a chance to clarify what the record must prove next, not just to relitigate what already happened.
Treat civil-penalty factors as a proof exercise, not a closing argument.
The outcomes reflect that courts may scrutinize statutory penalty considerations closely, including duration, seriousness, and economic benefit, and may require disciplined findings tied to record evidence. Penalty presentations that connect specific violation-days to concrete reasoning are harder to discount than global assertions about deterrence. Where air quality is part of the narrative, grounding penalty requests in documented event categories and traceable impacts helps keep the analysis factual and legally durable.
Use economic-benefit evidence that can survive record-based review.
The case magnifies how economic benefit evidence can influence penalty analysis when tied to identifiable compliance actions and time periods reflected in the record. Attorneys should structure this evidence so the court can explain its logic in findings that are reviewable on appeal, including how any prior payments are treated in the final calculation. Clear, conservative framing reduces the risk that an appellate court views the penalty analysis as conclusory.
Plan for long-case posture: en banc review and cert denials can lock in the final judgment.
This matter shows how a case can remain active through multiple appellate rounds, including en banc proceedings, before the final judgment becomes settled. For counsel, that means building a record and briefing strategy that remains consistent across years, with terminology and factual framing that do not shift between stages. When the final penalty judgment is affirmed and further review is declined, the practical endpoint is the affirmed relief and the findings that support it.
The Baytown Clean Air Act citizen-suit litigation between Environment Texas Citizen Lobby, the Sierra Club, and ExxonMobil moved through multiple trial and appellate stages and ultimately ended with a $14.25 million civil penalty remaining in place after final appellate review. Over time, the case showed how outcome-driving issues can evolve, shifting from actionability and civil-penalty factor findings to standing questions that required more targeted traceability analysis, followed by recalculation of remedies tied to a narrowed set of justiciable violation-days. For attorneys, the record also reflects how closely courts may examine economic-benefit evidence and prior regulatory payments when reviewing penalty determinations, particularly after remands that demand disciplined, record-based findings.
Beyond the dollar amount, the procedural path reflects how courts and litigants address off-site impacts from emissions-event categories, including record descriptions associated with flaring, smoke, and pollutant exposure testimony, when evaluating standing and remedies in facility-permit disputes. In this posture, air quality entered the case through the specific way plaintiffs presented member impacts, the traceability findings that limited which violation-days could support relief, and the court’s assessment of remedial consequences tied to proven, justiciable violations rather than broader claims. Taken together, the affirmed judgment and the denial of further review mark a settled endpoint that can guide how future Clean Air Act cases are developed, defended, and assessed on appeal.
What makes the Exxon Baytown case a major Clean Air Act citizen-suit outcome in Texas?
It ended with a $14.25 million civil penalty tied to proven, justiciable violation-days after years of trial and appeals in the Southern District of Texas and the U.S. Court of Appeals for the Fifth Circuit. The case also shows how remedies can be narrowed when appellate courts require a tighter standing and traceability record. For attorneys, it is a practical example of how a large alleged violation set can shrink before final relief is locked in.
What was the final resolution of Environment Texas Citizen Lobby & Sierra Club v. ExxonMobil (Baytown)?
The Fifth Circuit affirmed the district court’s March 2, 2021 judgment imposing a $14.25 million civil penalty, and later proceedings left that judgment in place. Further review was declined, which ended the appellate path and left the penalty undisturbed. The case closed with the affirmed judgment as the operative relief.
Why did the Fifth Circuit require a “violation-specific” traceability showing in this case?
The Fifth Circuit directed the district court to make more specific findings on whether particular violations were traceable to the member impacts used to support standing, rather than relying only on broad facility-level narratives. That approach forced the record and findings to connect emissions-event categories, timing, and location-based impacts in a more disciplined way. The traceability requirement became outcome-driving because it narrowed which violation-days could support relief.
How did the remedy change from the earlier penalty to the final $14.25 million judgment?
At one stage, the district court imposed a $19.95 million civil penalty after finding 16,386 violation-days actionable, but later appellate review required a more targeted traceability analysis. On limited remand, the district court found traceability for 3,651 violation-days and reduced the penalty to $14.25 million to reflect the narrowed justiciable set. The final remedy reflects that recalculation rather than a reset of the entire case.
Air Quality and Exposure Expert Witness (Plaintiff)
The record describes Plaintiffs’ expert Dr. Edward Brooks as addressing pollutant exposure and health-effect thresholds, including opinions on the levels of sulfur dioxide and hydrogen sulfide necessary to cause adverse health effects. He also opined that it was “very likely that health effects occurred in exposed neighborhoods bordering the complex” from Exxon’s sulfur dioxide emissions and made similar conclusions for other pollutants, including hydrochloric acid, benzene, and hydrogen sulfide. The Fifth Circuit treated this expert evidence as part of the standing and traceability record when evaluating whether emissions could cause or contribute to the types of injuries alleged.
Economic Benefit for Civil Penalty Factors Expert Witness (Plaintiff)
The record identifies Plaintiffs’ economic benefit expert Mr. Shefftz, who offered economic benefit tied to delaying four environmental improvement projects contained in a TCEQ agreed enforcement order. He used implementation dates from the order and cost estimates from one of Exxon’s environmental coordinators to calculate that the benefit from delaying those projects between 2005 and 2012 was approximately $11.7 million, and Plaintiffs relied on that testimony to argue Exxon gained at least that amount by not implementing the projects earlier. The Fifth Circuit cited this testimony in concluding the district court should have made findings on whether Exxon received an economic benefit from failing to implement the TCEQ projects earlier as part of the civil-penalty analysis.
Atmospheric Dispersion Modeling and Meteorology Expert Witness
In Clean Air Act permit and emissions-event disputes, atmospheric dispersion and meteorology experts are often engaged to interpret how wind conditions, timing, and distance relate emissions events to off-site locations when courts require a violation-focused traceability analysis. This work typically centers on whether emissions could travel beyond a facility boundary in discernible quantities under conditions described in the record. It can also help explain why some categories of events present a clearer off-site transport pathway than others.
Industrial Hygiene or Toxicology Expert Witness
Industrial hygiene or toxicology experts are often engaged to explain how reported releases and concentration concepts relate to exposure pathways, including odor, irritation, or respiratory effects described in testimony. Their role is commonly to separate what the measurements and records support from broader causal claims, using clear thresholds and conservative interpretations. This framing can assist courts assessing whether a pollutant could cause or contribute to the kinds of injuries alleged.
Build standing with violation-specific traceability, not broad facility narratives.
This case shows that standing can turn on whether each challenged violation has a concrete link to member impacts, not simply whether the facility operated in a way that could affect nearby communities. A record that ties particular emissions events to locations, timing, and the type of off-site experience described by members can matter when courts require focused traceability findings. Framing the facts around observable effects tied to emissions events can also help courts evaluate air quality concerns without drifting into generalized advocacy.
Preserve appellate issues early, because remands may narrow the fight rather than restart it.
The litigation shows how an appellate court can vacate and remand while limiting the trial court to targeted factfinding, which can reframe remedies without reopening every merits issue. Attorneys should brief and preserve the core legal theories and defenses in a way that remains usable after a limited remand, especially when standing questions are intertwined with remedy calculations. Treat each appeal as a chance to clarify what the record must prove next, not just to relitigate what already happened.
Treat civil-penalty factors as a proof exercise, not a closing argument.
The outcomes reflect that courts may scrutinize statutory penalty considerations closely, including duration, seriousness, and economic benefit, and may require disciplined findings tied to record evidence. Penalty presentations that connect specific violation-days to concrete reasoning are harder to discount than global assertions about deterrence. Where air quality is part of the narrative, grounding penalty requests in documented event categories and traceable impacts helps keep the analysis factual and legally durable.
Use economic-benefit evidence that can survive record-based review.
The case magnifies how economic benefit evidence can influence penalty analysis when tied to identifiable compliance actions and time periods reflected in the record. Attorneys should structure this evidence so the court can explain its logic in findings that are reviewable on appeal, including how any prior payments are treated in the final calculation. Clear, conservative framing reduces the risk that an appellate court views the penalty analysis as conclusory.
Plan for long-case posture: en banc review and cert denials can lock in the final judgment.
This matter shows how a case can remain active through multiple appellate rounds, including en banc proceedings, before the final judgment becomes settled. For counsel, that means building a record and briefing strategy that remains consistent across years, with terminology and factual framing that do not shift between stages. When the final penalty judgment is affirmed and further review is declined, the practical endpoint is the affirmed relief and the findings that support it.
The Baytown Clean Air Act citizen-suit litigation between Environment Texas Citizen Lobby, the Sierra Club, and ExxonMobil moved through multiple trial and appellate stages and ultimately ended with a $14.25 million civil penalty remaining in place after final appellate review. Over time, the case showed how outcome-driving issues can evolve, shifting from actionability and civil-penalty factor findings to standing questions that required more targeted traceability analysis, followed by recalculation of remedies tied to a narrowed set of justiciable violation-days. For attorneys, the record also reflects how closely courts may examine economic-benefit evidence and prior regulatory payments when reviewing penalty determinations, particularly after remands that demand disciplined, record-based findings.
Beyond the dollar amount, the procedural path reflects how courts and litigants address off-site impacts from emissions-event categories, including record descriptions associated with flaring, smoke, and pollutant exposure testimony, when evaluating standing and remedies in facility-permit disputes. In this posture, air quality entered the case through the specific way plaintiffs presented member impacts, the traceability findings that limited which violation-days could support relief, and the court’s assessment of remedial consequences tied to proven, justiciable violations rather than broader claims. Taken together, the affirmed judgment and the denial of further review mark a settled endpoint that can guide how future Clean Air Act cases are developed, defended, and assessed on appeal.
What makes the Exxon Baytown case a major Clean Air Act citizen-suit outcome in Texas?
It ended with a $14.25 million civil penalty tied to proven, justiciable violation-days after years of trial and appeals in the Southern District of Texas and the U.S. Court of Appeals for the Fifth Circuit. The case also shows how remedies can be narrowed when appellate courts require a tighter standing and traceability record. For attorneys, it is a practical example of how a large alleged violation set can shrink before final relief is locked in.
What was the final resolution of Environment Texas Citizen Lobby & Sierra Club v. ExxonMobil (Baytown)?
The Fifth Circuit affirmed the district court’s March 2, 2021 judgment imposing a $14.25 million civil penalty, and later proceedings left that judgment in place. Further review was declined, which ended the appellate path and left the penalty undisturbed. The case closed with the affirmed judgment as the operative relief.
Why did the Fifth Circuit require a “violation-specific” traceability showing in this case?
The Fifth Circuit directed the district court to make more specific findings on whether particular violations were traceable to the member impacts used to support standing, rather than relying only on broad facility-level narratives. That approach forced the record and findings to connect emissions-event categories, timing, and location-based impacts in a more disciplined way. The traceability requirement became outcome-driving because it narrowed which violation-days could support relief.
How did the remedy change from the earlier penalty to the final $14.25 million judgment?
At one stage, the district court imposed a $19.95 million civil penalty after finding 16,386 violation-days actionable, but later appellate review required a more targeted traceability analysis. On limited remand, the district court found traceability for 3,651 violation-days and reduced the penalty to $14.25 million to reflect the narrowed justiciable set. The final remedy reflects that recalculation rather than a reset of the entire case.
What does this case teach about presenting civil-penalty arguments that survive appeal?
It shows that penalty outcomes can depend on clear, record-based findings tied to the statutory penalty considerations, especially when an appellate court vacates and sends the case back for targeted work. It also shows that courts may adjust the final number to account for the scope of justiciable violations and how prior regulatory payments are treated in the penalty calculation. The durable path is a remedies record that stays consistent from trial court findings through appellate review.
How does this case connect to air quality issues in Baytown emissions-event litigation?
The record framed community impacts through emissions-event categories and pollutant exposure testimony, with remedies limited to violation-days that met the traceability standard rather than generalized claims about industrial operations. In that posture, air quality concerns were addressed through concrete standing and remedy findings tied to specific events, including record descriptions associated with flaring or smoke. The case demonstrates how courts can restrict relief to proven, justiciable violations when impacts are linked to emissions events near a large industrial complex in Baytown, Texas.
Clean Air Act
Air Pollution
Atmospheric dispersion modeling
Meteorology
Environmental Compliance
Environmental Protection Agency EPA
Exposure Assessments
Environmental Toxicology
Petrochemical
Economic Analysis
Oil and Gas
Hydrology, +4
Oil and Gas
Electrical Engineering, +4
Oil and Gas
What does this case teach about presenting civil-penalty arguments that survive appeal?
It shows that penalty outcomes can depend on clear, record-based findings tied to the statutory penalty considerations, especially when an appellate court vacates and sends the case back for targeted work. It also shows that courts may adjust the final number to account for the scope of justiciable violations and how prior regulatory payments are treated in the penalty calculation. The durable path is a remedies record that stays consistent from trial court findings through appellate review.
How does this case connect to air quality issues in Baytown emissions-event litigation?
The record framed community impacts through emissions-event categories and pollutant exposure testimony, with remedies limited to violation-days that met the traceability standard rather than generalized claims about industrial operations. In that posture, air quality concerns were addressed through concrete standing and remedy findings tied to specific events, including record descriptions associated with flaring or smoke. The case demonstrates how courts can restrict relief to proven, justiciable violations when impacts are linked to emissions events near a large industrial complex in Baytown, Texas.