ESSO STANDARD OIL CO. v. LOPEZ-FREYTES

No. 07-1218.

522 F.3d 136 (2008)

ESSO STANDARD OIL CO. (Puerto Rico), Plaintiff, Appellee, v. Carlos W. LÓPEZ-FREYTES, in his personal and official capacities as President of the Puerto Rico Environmental Quality Board; Flor Del Valle-López, in her official capacity as Associate Member of the Puerto Rico Environmental Quality Board; Angel Berríos-Silvestre, in his official capacity as Associate Member of the Puerto Rico Environmental Quality Board; Norman Velázquez-Torres, in his official capacity as Attorney of the Puerto Rico Environmental Quality Board, Defendants, Appellants.

United States Court of Appeals, First Circuit.

Decided April 10, 2008.


Attorney(s) appearing for the Case

Salvador J. Antonetti-Stutts, Solicitor General, Department of Justice, with whom Luis José Torres-Asencio, Assistant Solicitor General, Eduardo A. Vera-Ramirez, Eileen Landrón-Guardiola, Luis A. Rodríguez-Muñoz, and Landrón & Vera, LLP were on brief, for appellants.

Charles G. Cole, with whom Alice E. Loughran, Steptoe & Johnson LLP, Lawrence P. Riff, Jason Levin, John F. Nevares, and John F. Nevares & Assoc., PSC were on brief, for appellee.

Before TORRUELLA, Circuit Judge, BALDOCK, Senior Circuit Judge, and LIPEZ, Circuit Judge.


TORRUELLA, Circuit Judge.

This is an appeal from the district court's issuance of an order permanently enjoining the defendants — several members and officials of the Puerto Rico Environmental Quality Board ("EQB") — from imposing a $76 million fine on the plaintiff, Esso Standard Oil Company ("Esso"). On appeal, the defendants argue that the district court should have abstained from exercising jurisdiction pursuant to the Younger abstention doctrine...

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