Case: United States v. Chevron Phillips Chemical Company LP

4:22-cv-00737 | U.S. District Court for the Southern District of Texas

Filed Date: March 9, 2022

Case Ongoing

Clearinghouse coding complete

Case Summary

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, r…

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)

People

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/


Judge(s)

Bennett, Alfred Homer (Texas)

Attorney for Plaintiff

Carroll, Thomas P. (Texas)

Rodriguez, Jimmy Anthony (Texas)

Attorney for Defendant

Kadas, Madeleine Boyer (Texas)

Vitris, Michael (Texas)

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Documents in the Clearinghouse

Document
2-1

4:22-cv-00737

Consent Decree

March 9, 2022

March 9, 2022

Order/Opinion
1

4:22-cv-00737

Complaint

March 9, 2022

March 9, 2022

Complaint

Docket

See docket on RECAP: https://www.courtlistener.com/docket/63144619/united-states-v-chevron-phillips-chemical-company-lp/

Last updated May 6, 2024, 3:21 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against Chevron Phillips Chemical Company LP filed by United States of America. (Attachments: # 1 Civil Cover Sheet)(Rodriguez, Jimmy) (Entered: 03/09/2022)

1 Civil Cover Sheet

View on PACER

March 9, 2022

March 9, 2022

Clearinghouse
2

NOTICE OF LODGING OF CONSENT DECREE by United States of America, filed. (Attachments: # 1 Exhibit Exhibit A - Consent Decree)(Rodriguez, Jimmy) (Entered: 03/09/2022)

March 9, 2022

March 9, 2022

PACER
3

MOTION for Thomas Carroll to Appear Pro Hac Vice by United States of America, filed. Motion Docket Date 3/30/2022. (Carroll, Thomas) (Entered: 03/09/2022)

March 9, 2022

March 9, 2022

PACER
4

NOTICE of Appearance by Thomas Carroll on behalf of United States of America, filed. (Carroll, Thomas) (Entered: 03/09/2022)

March 9, 2022

March 9, 2022

PACER
5

ORDER for Initial Pretrial and Scheduling Conference and Order to Disclose Interested Persons. Initial Conference set for 6/17/2022 at 11:15 AM in Courtroom 3A Houston before Judge Keith P Ellison. (Signed by Judge Keith P Ellison) Parties notified.(JacquelineMata, 4) (Entered: 03/10/2022)

March 10, 2022

March 10, 2022

PACER
6

RECUSAL ORDER. Judge Keith P Ellison recused. Deadlines in scheduling orders subsist. Court settings are vacated.(Signed by Judge Keith P Ellison) Parties notified.(arrivera, 4) (Entered: 03/14/2022)

March 14, 2022

March 14, 2022

PACER
7

NOTICE of Reassignment. Case reassigned to Judge Charles Eskridge. Judge Keith P Ellison no longer assigned to the case. Parties notified, filed. (dhansen, 4) (Entered: 03/15/2022)

March 15, 2022

March 15, 2022

PACER
8

CERTIFICATE OF INTERESTED PARTIES by United States of America, filed.(Carroll, Thomas) (Entered: 03/21/2022)

March 21, 2022

March 21, 2022

RECAP
9

ORDER OF RECUSAL. Judge Charles Eskridge recused. Case reassigned to Judge Alfred H Bennett for all further proceedings.(Signed by Judge Charles Eskridge) Parties notified.(jengonzalez, 4) (Entered: 03/25/2022)

March 24, 2022

March 24, 2022

PACER
10

Unopposed MOTION for Approval of and Entry of Consent Decree by United States of America, filed. Motion Docket Date 5/20/2022. (Attachments: # 1 Exhibit 1 (Consent Decree))(Carroll, Thomas) (Entered: 04/29/2022)

April 29, 2022

April 29, 2022

PACER
11

NOTICE of Setting. Parties notified. Motion Hearing set for 6/2/2022 at 11:00 AM in Courtroom 8C before Judge Alfred H Bennett, filed. (ledwards, 4) (Entered: 05/23/2022)

May 23, 2022

May 23, 2022

PACER
12

NOTICE of Appearance by Michael F. Vitris on behalf of Chevron Phillips Chemical Company LP, filed. (Vitris, Michael) (Entered: 05/24/2022)

May 24, 2022

May 24, 2022

PACER
13

MOTION for Madeleine Boyer Kadas to Appear Pro Hac Vice by Madeleine Boyer, filed. Motion Docket Date 6/14/2022. (Kadas, Madeleine) (Entered: 05/24/2022)

May 24, 2022

May 24, 2022

PACER
14

ORDER granting 13 Motion for Madeleine Kadas to Appear Pro Hac Vice.(Signed by Judge Alfred H Bennett) Parties notified.(gclair, 4) (Entered: 05/25/2022)

May 25, 2022

May 25, 2022

PACER
15

ORDER granting 3 Motion for Thomas P. Carroll to Appear Pro Hac Vice.(Signed by Judge Alfred H Bennett) Parties notified.(jguajardo, 4) (Entered: 06/01/2022)

June 1, 2022

June 1, 2022

PACER

Minute Entry for proceedings held before Judge Alfred H Bennett. MOTION HEARING held on 6/2/2022. The Court will enter the Consent Decree Appearances: Michael Vitris, Madeleine Boyer Kadas, Thomas P. Carroll.(Court Reporter: N. Forrest), filed.(ledwards, 4)

June 2, 2022

June 2, 2022

PACER
16

ORDER granting 10 Motion for Approval of Consent Decree.(Signed by Judge Alfred H Bennett) Parties notified.(ledwards, 4) (Entered: 06/02/2022)

June 2, 2022

June 2, 2022

PACER

Motion Hearing

June 2, 2022

June 2, 2022

PACER

Case Details

State / Territory: Texas

Case Type(s):

Environmental Justice

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:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Amount Defendant Pays: $3,400,000

Issues

Environmental Justice and Resources:

Discharge without permits