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United States Court of Appeals, Fifth Circuit.

ENVIRONMENT TEXAS CITIZEN LOBBY, INCORPORATED; Sierra Club, Plaintiffs—Appellees, v. EXXONMOBIL CORPORATION; ExxonMobil Chemical Company; ExxonMobil Refining & Supply Company, Defendants—Appellants.

No. 17-20545

Decided: February 17, 2023

Before Richman, Chief Judge, and Jones, Smith, Stewart, Elrod, Southwick, Haynes, Graves, Higginson, Willett, Ho, Duncan, Engelhardt, Oldham, Wilson, and Douglas, Circuit Judges. Philip Harlan Hilder, Hilder & Associates, P.C., Houston, TX, Charles Craig Caldart, Esq., National Environmental Law Center, Seattle, WA, Joshua Robert Kratka, National Environmental Law Center, Boston, MA, David A. Nicholas, Newton, MA, for Plaintiffs-Appellees. Russell S. Post, Fields Alexander, Beck Redden, L.L.P., Houston, TX, Keith Alan Courtney, McGinnis Lochridge, L.L.P., Austin, TX, Eric J. R. Nichols, Butler Snow, L.L.P., Austin, TX, Hicks, Davis & Wynn, P.C., Houston, TX, for Defendants-Appellants. Aaron Michael Streett, Baker Botts, L.L.P., Houston, TX, for Amici Curiae American Fuel and Petrochemical Manufacturers, BCCA Appeal Group, Chamber of Commerce of the United States of America, National Association of Manufacturers, Texas Association of Business, American Chemistry Council, Texas Chemical Council, Texas Oil & Gas Association. Christopher Anderson, U.S. Department of Justice, Environment & Natural Resources Division-Appellate, Washington, DC, for Special Respondent United States Environmental Protection Agency. Suzanne Reddell Chauvin, Esq., City of Houston, Legal Department, Houston, TX, for Amicus Curiae City of Houston. Michael Robert Hull, Senior Assistant County Attorney, County Attorney's Office for the County of Harris, Houston, TX, for Amicus Curiae Harris County Attorney Vince Ryan. Kelly Leigh Haragan, Esq., University of Texas School of Law Environmental Law Clinic, Austin, TX, Kirti Datla, Earthjustice Legal Defense Fund, Washington, DC, for Amicus Curiae Air Alliance Houston.


A member of the court having requested a poll on the petition for rehearing en banc, and a majority of the circuit judges in regular active service and not disqualified having voted in favor,

IT IS ORDERED that this cause shall be reheard by the court en banc with oral argument on a date hereafter to be fixed. The Clerk will specify a briefing schedule for the filing of supplemental briefs. Pursuant to 5th Circuit Rule 41.3, the panel opinions in this case dated July 29, 2020, and August 30, 2022, are VACATED.

Per Curiam:

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