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ESSO STANDARD OIL CO. v. COTTO

No. 04-2055.

389 F.3d 212 (2004)

ESSO STANDARD OIL CO. (Puerto Rico), Plaintiff, Appellant, v. Esteban Mujica COTTO, President of the Puerto Rico Environmental Quality Board; Flor L. Del Valle Lopez and Angel Berrios Silverstre, Associate Members of the Puerto Rico Environmental Quality Board; and Norman Velazquez Torres, Attorney for the Puerto Rico Environmental Quality Board, Defendants, Appellees.

United States Court of Appeals, First Circuit.

Decided November 16, 2004.

Attorney(s) appearing for the Case

James E. Tyrell, Jr., with whom John F. Nevares, John F. Nevares & Assocs., P.S.C., Richard P. Bress, Nathaniel A. Vitan, Matthew K. Roskoski, and Latham & Watkins, LLP were on brief, for appellant.

Gary H. Montilla, with whom Quinones & Sanchez, P.S.C. was on brief, for appellees.

Before TORRUELLA, LIPEZ, and HOWARD, Circuit Judges.

LIPEZ, Circuit Judge.

Esso Standard Oil Company sought a preliminary injunction from the federal district court to enjoin proceedings against it before the Puerto Rico Environmental Quality Board regarding the possible imposition of a $76 million fine. Esso contends that the Board is so biased that its adjudication of the case violates the Due Process Clause of the United States Constitution. The district court denied Esso's motion, ruling that the claim did not fall...

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