Judge: More information needed to decide where Exxon Mobil lawsuit will be heard - Houston Chronicle

A Harris County judge has asked for more information before deciding whether a lawsuit against Exxon Mobil will be heard here or in Travis County, part of a battle between the state and county to go after violators.

On Aug. 1, the Harris County Attorney’s Office filed a suit against Exxon Mobil, after a chemical fire that injured 37 people in Baytown. It was the first time the office used an order approved by Commissioners Court in April that allows the office to file environmental suits without having to first get the county board’s approval on a case-by-case basis.

But the attorney general, who filed its own lawsuit against the company a few days later, says the county couldn’t have sued Exxon using the commissioner’s preauthorization.

“To the extent that Harris County implies the April 30 Order is necessary to respond to emergencies occurring between regular sessions of the Commissioners Court, the County is wrong,” the state wrote in court documents. “The Legislature has provided the County with the tools needed to address emergencies.”

On HoustonChronicle.com: Why Harris County raced to the courthouse after Baytown chemical fire

The state is seeking for the county’s lawsuit to be dismissed in favor of the state suit filed in Travis County.

The decision will have an impact beyond this lawsuit as county commissioners had supported the measure to allow the county attorney’s office to sue “as it deems necessary” without having to wait for the next meeting to get approval.

Commissioners and county officials cited recent chemical fires as why the county attorney needed to file environmental lawsuits as soon as possible after an event to “protect the public and the environment, to preserve evidence; and to prevent additional negative impacts to the community.”

Who sues first dictates not only where the case will be heard, but also where the money will go if there are civil penalties. If Harris County leads with the state being a party to its lawsuit, the money is split between both parties. But if the state sues without the local government’s involvement, it goes back to the state’s general revenue.

“We strongly believe that the law is on our side — that the Harris County Attorney has the right to file the suit,” Harris County Attorney Vince Ryan said in a written statement after the Friday hearing before Judge Beau Miller.

“It is imperative that we keep issues like this in local courts for local juries to decide,” he added.

According to a news release from the county attorney’s office, Miller expressed concerns that decisions about Harris County were being made in Austin and “questioned whether or not intervention on behalf of Harris County was possible in the cases in Travis County.”

As chemical plant explosions and fires have disrupted lives and raised air-quality concerns in the Houston area this year, the state and its most populous county have been racing to the courthouse to take the lead in penalizing polluters.

Although, the state’s more active role has aroused suspicions among some local officials and environmentalists, who believe state leaders with a record of pro-business actions may be trying to take control to soften the blow of any court rulings against major corporations.

Miller is expected to decide on the case by Jan. 31.

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https://www.houstonchronicle.com/news/houston-texas/houston/article/Judge-More-information-needed-to-decide-where-14987923.php

2020-01-19 17:06:00Z
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