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U.S. v. EXXON MOBIL CORP.

No. 18-55481.

943 F.3d 1283 (2019)

UNITED STATES of America, Petitioner-Appellant, v. EXXON MOBIL CORPORATION, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed December 9, 2019.

Attorney(s) appearing for the Case

Jeffrey B. Clark (argued), Assistant Attorney General; Garrett Coyle , Mark R. Haag , and John E. Arbab , Attorneys; Eric Grant , Deputy Assistant Attorney General; Environment & Natural Resources Division, United States Department of Justice, Washington, D.C.; Raymond Porfiri , U.S. Chemical Safety and Hazard Investigation Board, Washington, D.C.; for Petitioner-Appellant.

Steven J. Olsen (argued), Matthew R. Cowan , Lauren F. Kaplan , and John B. Sprangers , O'Melveny & Myers LLP, Los Angeles, California; Hannah Y. Chanoine , O'Melveny & Myers LLP, New York, New York; for Respondent-Appellee.

Xavier Becerra , Attorney General; Christie Vosburg , Supervising Deputy Attorney General; James R. Potter , Deputy Attorney General; Office of the Attorney General, Los Angeles, California; for Amicus Curiae California Attorney General.

Bayron T. Gilchrist , General Counsel; Barbara B. Baird , Chief Deputy Counsel; Daphne Hsu , Senior Deputy District Counsel; South Coast Air Quality Management District, Diamond Bar, California; for Amicus Curiae South Coast Air Quality Management District.

Before: Mary M. Schroeder and Michelle T. Friedland, Circuit Judges, and Lee H. Rosenthal, District Judge.

OPINION

After an explosion and chemical release at an ExxonMobil refinery, the United States Chemical Safety and Hazard Board issued seven subpoenas with a total of 380 requests. ExxonMobil refused to comply with 56 of the requests. The district court held a hearing and, after argument, granted the Board's petition to enforce about...

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