1st Circuit Lifts Stay Pending EPA Permit Decision In Suit Over ExxonMobil Discharge

Mealey's (July 8, 2021, 9:08 AM EDT) -- BOSTON — The First Circuit U.S. Court of Appeals on July 1 vacated an order staying litigation in an environmental group’s action over stormwater discharge from an ExxonMobil Massachusetts terminal until the U.S. Environmental Protection Agency issued a new permit.  The lower court improperly stayed the action under the doctrine of primary jurisdiction, the panel said, because the alleged violations concern the permit currently in effect....