Env Tx Citizen Lobby v. ExxonMobil ( 2023 )

Corrected February 24, 2023
United States Court of Appeals
for the Fifth Circuit
United States Court of Appeals
Fifth Circuit
FILED
February 17, 2023
No. 17-20545 Lyle W. Cayce
Clerk
Environment Texas Citizen Lobby, Incorporated; Sierra
Club,
Plaintiffs—Appellees,
versus
ExxonMobil Corporation; ExxonMobil Chemical
Company; ExxonMobil Refining & Supply Company,
Defendants—Appellants.
Appeal from the United States District Court
for the Southern District of Texas
USDC No. 4:10-CV-4969
ON PETITION FOR REHEARING EN BANC
(Opinion July 29, 2020, 5 Cir., 2020, 968 F.3d 357)
(Opinion August 30, 2022, 5 Cir., 2022, 47 F.4th 408)
Before Richman, Chief Judge, and Jones, Smith, Stewart,
Elrod, Southwick, Haynes, Graves, Higginson, Willett,
Ho, Duncan, Engelhardt, Oldham, Wilson, and Douglas,
Circuit Judges.
Per Curiam:
No. 17-20545
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.
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