Filed Date: March 9, 2022
Case Ongoing
Clearinghouse coding complete
On March 9, 2022, the U.S. Environmental Protection Agency (EPA) filed suit against Chevron Phillips Chemical Company in the U.S. District Court for the Southern District of Texas alleging Chevron committed violations of the Clean Air Act at petrochemical manufacturing facilities in the Cities of Cedar Bayou, Port Arthur, and Sweeney, Texas. Specifically, the complaint alleges that Chevron failed to "properly operate, maintain, monitor, and control steam-assisted flares used at" these plants, resulting in "thousands of tons of illegal emissions of volatile organic compounds, hazardous air pollutants, and other pollutants into the air in the State of Texas." The EPA sought civil penalties from Chevron and injunctive relief requiring Chevron to bring its facilities into compliance with the Clear Air Act and to take appropriate actions to remedy, mitigate, and offset the harm caused by the alleged violations.
On the same day it filed suit in the district court, the EPA also announced that it had entered into a consent decree with Chevron regarding the operation of Chevron's Texas petrochemical manufacturing facilities. The consent decree included compliance measures estimated to cost $118 million, a $3.4 million civil penalty, provisions for the elimination of thousands of tons of air pollution from flares, and providing public information to the community about air quality. On June 2, 2022, Judge Alfred H. Bennett entered an order approving the consent decree.
Per the consent decree, the court maintains jurisdiction over this case until the termination of the consent decree. Chevron may move to terminate the consent decree once it has paid all required civil penalty and operated for at least one year in full compliance with the terms of the consent decree. As of April 2024, Chevron has not moved to terminate the consent decree.
Summary Authors
Logan Moore (3/9/2024)
For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/63144619/parties/united-states-v-chevron-phillips-chemical-company-lp/
Bennett, Alfred Homer (Texas)
Carroll, Thomas P. (Texas)
Rodriguez, Jimmy Anthony (Texas)
Kadas, Madeleine Boyer (Texas)
Vitris, Michael (Texas)
See docket on RECAP: https://www.courtlistener.com/docket/63144619/united-states-v-chevron-phillips-chemical-company-lp/
Last updated April 12, 2025, 11:28 a.m.
State / Territory: Texas
Case Type(s):
Key Dates
Filing Date: March 9, 2022
Case Ongoing: Yes
Plaintiffs
Plaintiff Description:
The United States government.
Plaintiff Type(s):
U.S. Dept of Justice plaintiff
Public Interest Lawyer: No
Filed Pro Se: No
Class Action Sought: No
Class Action Outcome: Not sought
Defendants
CHEVRON PHILLIPS CHEMICAL COMPANY, Private Entity/Person
Case Details
Causes of Action:
Clean Air Act, 42 U.S.C. §7401 et seq.
Available Documents:
Outcome
Prevailing Party: Plaintiff
Nature of Relief:
Injunction / Injunctive-like Settlement
Source of Relief:
Form of Settlement:
Court Approved Settlement or Consent Decree
Amount Defendant Pays: $3,400,000
Issues
Environmental Justice and Resources: