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Yetter Coleman Secures Fifth Circuit Reversal Of Pipeline Violations On Behalf Of ExxonMobil

The Fifth Circuit issued a decision in favor of our client, ExxonMobil, sustaining its challenge to five violations found by the Pipeline and Hazardous Material Safety Administration following a 2013 pipeline leak in Mayflower, Arkansas.

In vacating the five violations and their associated $1.8 million in penalties, the Fifth Circuit held that ExxonMobil complied with the pertinent regulations and, alternatively, that ExxonMobil did not receive fair notice of the standard that the agency now seeks to enforce. As to one remaining violation for a reporting error, the Fifth Circuit found the penalty to be excessive and remanded for the agency’s reconsideration. Judge Elrod wrote the opinion, joined by Judge Southwick. Judge Graves concurred.

Reagan Simpson argued the case, supported by Rich Farrer, Christian  Ward, Dori Kornfeld Goldman, and Kim McMullan.  Yetter Coleman was co-counsel in the appeal with Hunton & Williams and Faegre Baker Daniels.