CC Resolution No. 2375RESOLUTION NO. 2375
AN RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING THE FILING OF AN AMICUS CURIAE BRIEF IN
ENVIRONMENT TEXAS CITIZENLOBBY, INCORPORATED, ETAL., V. EXXON
MOBIL CORPORATION, ET AL.; IN THE UNITED STATES COURT OF
APPEALS FOR THE FIFTH CIRCUIT; CAUSE NO. 15- 20030; AND PROVIDING
FOR THE EFFECTIVE DATE THEREOF.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS:
Section 1: That the City Council of the City of Baytown, Texas, hereby authorizes the
City's filing of an amicus curiae brief in Environment Texas Citizen Lobby, Incorporated, et al., v.
Exxon Mobil Corporation, et al.; in the United States Court of Appeals for the Fifth Circuit; Cause
No. 15- 20030. A copy of such brief is attached hereto, marked Exhibit "A," and made a part hereof
for all intents and purposes.
Section 2: This resolution shall take effect immediately from and after its passage by the
City Council of the City of Baytown.
INTRODUCED, READ and PASSED by the affirmative vote A e City Council of the City
of Baytown this the 10t' day of September, 2015.
DONCARLOS, Mayor
ATT
ETICIA YSCH, City erk
APPROVED AS TO FORM:
ACIO RAMIREZ, SR., fi Attorney
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Exhibit "A"
No. 15 -20030
In the Eniteb 6tateo Court of Z(ppears;
,for the if iftb Circuit
ENVIRONMENT TEXAS CITIZEN LOBBY,
INCORPORATED; SIERRA CLUB,
Plaintiffs — Appellants,
V.
EXXON MOBIL CORPORATION; EXXONMOBIL CHEMICAL
COMPANY; EXXONMOBIL REFINING & SUPPLY COMPANY,
Defendants — Appellees.
Appeal from the United States District Court for the
Southern District of Texas, Houston Division;
No. 4:10 -CV -4969
BRIEF OF AMICI CURIAE
CITY OF BAYTOWN
IN SUPPORT OF APPELLEES EXXON MOBIL CORPORATION;
EXXONMOBIL CHEMICAL COMPANY; EXXONMOBIL REFINING &
SUPPLY COMPANY
IGNACIO RAMIREZ, SR.
City Attorney
City of Baytown
Texas Bar No. 16501900
2401 Market Street
Baytown, TX 77520
Telephone: (281) 420 -6505
Facsimile: (281) 420 -6586
Email: ignacio.ramirez @baytown.org
COUNSEL FOR AMICI CURIAE
City of Baytown
TABLE OF CONTENTS
TABLEOF CONTENTS .......................................................... ............................... i
IDENTITY AND INTEREST OF AMICI CURIAE ............... ............................... 1
ARGUMENT........................................................................... ............................... 2
I. ExxonMobil's Presence in Baytown ...................... ............................... 2
II. ExxonMobil's Operations ...................................... ............................... 3
III. Transparent and Open Communications ................ ............................... 4
IV. ExxonMobil's Responsiveness .............................. ............................... 5
CONCLUSION........................................................................ ............................... 6
CERTIFICATE OF SERVICE ................................................. ............................... 7
CERTIFICATE OF COMPLIANCE ....................................... ............................... 9
IDENTITY AND INTEREST OF AMICI CURIAE
The City of Baytown is a home -rule municipal corporation location in
Harris and Chambers Counties, Texas, which was originally three separate cities,
namely Goose Creek, Pelly, and Baytown, but was consolidated in 1948. The
City of Baytown is home to ExxonMobil's Baytown Complex. The City of
Baytown has developed an extensive relationship with the ExxonMobil Baytown
Complex for nearly 100 years. The City believes ExxonMobil is a good
corporate neighbor and works diligently to comply with the Clean Air Act and
other regulations applicable to its business. ExxonMobil maintains open
communications with respect to its environmental performance, timely notifies
the City of potential compliance concerns that may impact the community and is
engaged and responsive to the City of Baytown and its neighbors. It is for this
reason that the City respectfully submits this brief of amici curiae.
Council for all parties have stated that they consent to the filing of this
amicus brief. This brief has not been authored, in whole or in part, by legal
counsel representing a party to this suit. The author of this brief is a salaried
employee of the City of Baytown, who has received no fee from any of the
parties hereto for the preparation of this brief.
ARGUMENT
The United States District Court for the Southern District of Texas's
ruling in favor of ExxonMobil should be upheld.
I. ExxonMobil's Presence in Baytown
ExxonMobil has operated in our Baytown community for more than 95
years. The City of Baytown has grown up around the ExxonMobil Complex, and
it is an integral part of our community. ExxonMobil is an active community
partner and participant. The company truly values the relationship they have
with our community and it shows through their actions.
Year after year, ExxonMobil has consistently dedicated its time and
resources to many important aspects of our community, including our local
schools and colleges, the Baytown Nature Center, community organizations and
various other entities and activities important to the City of Baytown. Their
presence in Baytown has been acknowledged and appreciated by the City.
Throughout many years working together, we have continued to
strengthen our relationship with ExxonMobil. They are a true community
partner with whom we have established a positive, collaborative working
relationship.
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II. ExxonMobil's Operations
The City of Baytown believes ExxonMobil operates with high standards
of integrity and commitment to ensure that its operations do not negatively
impact human health and the environment. While ExxonMobil is not perfect, the
City views ExxonMobil as an industry leader in making continuous efforts to
improve its environmental performance and enhancing air quality in the Houston
area.
This belief is based on the financial commitments ExxonMobil has put
into environmental improvement projects, environmental progress reports it has
prepared and presented to City officials over the years, and the overall
satisfaction of community members as reflected by the limited number of
concerns raised to the City about ExxonMobil.
Over the last ten years, ExxonMobil has consistently shown a downward
trend in its emissions and continues to make investments to further reduce
emissions, which in turn improves air quality. The Baytown area has sufficient
monitoring in place to capture emissions from various sources, including the
ExxonMobil Baytown Complex.
3
III. Transparent & Open Communications
Our relationship with ExxonMobil is one built on trust that has been
developed through direct interactions and open communications with
ExxonMobil representatives. ExxonMobil is proactive in its communications
with us and interfaces with City officials through various events and functions
each year.
ExxonMobil Baytown management, including the Public and Government
Affairs Department, works hard to communicate and facilitate dialogue in our
community. For example, ExxonMobil presents an environmental progress
report to City officials on a periodic basis and provides various operational
updates during the year, which includes an overview of ongoing environmental
projects and turnaround activities.
ExxonMobil has also been proactive in working with the City to improve
the quality of our community. With the strong industry presence in Baytown,
beautification projects remain a top priority for the City. With the current
ExxonMobil expansion project, the company worked diligently to plant
hundreds of trees in a nearby park and around its facilities.
In addition to working with City officials, ExxonMobil values their
relationships with our community. Over the years, the company spent
considerable time and effort creating a greenbelt between its facilities and our
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near neighbors to minimize potential impacts. They continue to work closely
with their neighbors in an effort to maintain transparency by participating in
civic association meetings and neighborhood events, as well as sending
informative environmental brochures and letters in advance of planned activities
that may impact our community.
ExxonMobil also participates in the Baytown Area Community Advisory
Panel's (CAP) monthly meetings and provides updates on operations and
environmental performance. The CAP is a partnership between industry and
community representatives engaging in open, honest dialogue addressing mutual
concerns about safety, health, security, emergency response, environment and
economic well- being. The CAP exists to respond to community questions, share
information, identify and address issues and provide facts and perspectives on
areas of concern. Through interactions with the CAP, the City believes
ExxonMobil maintains a strong relationship with the CAP and addresses the
concerns raised by its members.
IV. ExxonMobil's Responsiveness
When issues arise, ExxonMobil is extremely responsive and makes every
effort to notify City personnel of the issue and how they are managing the
response. In order to continue to improve emergency response coordination with
5
the City, ExxonMobil engages our Local Emergency Planning Commission, Fire
and Police departments to participate in drills several times a year.
The number of incidents at ExxonMobil is few and far between; however,
when ExxonMobil does have an incident, they work to communicate quickly
with the City and their neighbors and have a process in place to manage the
incident effectively.
ExxonMobil utilizes a hotline to provide information on any issues at their
facilities, and community members are able to call in day or night.
ExxonMobil has also developed a protocol for addressing community
concerns. Residents may call the facility directly and speak to the site
superintendent. After a call is received, ExxonMobil works to respond in a
timely manner and take appropriate measures to address concerns raised. This
system has proven effective as it is rare to receive concerns related to
ExxonMobil operations in our City.
CONCLUSION
ExxonMobil has made continuous improvements in environmental
performance over the past decade and remains committed to being an upstanding
corporate citizen. As representative of the City and members of our community,
it is our belief that ExxonMobil cares about our community and environment
and works hard to be protective of its employees and community. The manner in
M
which ExxonMobil engages with the City and our community is the standard by
which many in industry should follow. We have every confidence that
ExxonMobil will continue to work diligently to comply with all laws applicable
to its business and remain a trusted industry partner in the City of Baytown.
Respectfully submitted,
Ignacio Ramirez, Sr.
City Attorney
Bar No. 16501900
City of Baytown
P.O. Box 424
Baytown, TX 77522
Ph. No. 281 - 420 -6508
Fax No. 281- 420 -6586
COUNSEL FOR AMICI CURIAE
CERTIFICATE OF SERVICE
I hereby certify that on the _ day of September, 2015, a copy of the
foregoing Brief of Amici Curiae was filed electronically with the Clerk of the
Court using the Court's ECF System. Notice of this filing will be sent
electronically by operation of the Court's electronic filing system to all counsel
of record:
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Attorneys for Plaintiffs Appellants:
Environment Texas Citizen Lobby, Incorporated and Sierra
Club
Philip H. Hilder Joshua R. Kratka
philip @hilderlaw.com josh.kratka @nelconline.org
HILDER & ASSOCIATES, P.C.
819 Lovett Boulevard
Houston, TX 77006
Charles C. Caldart
cccnelc @aol.com
NATIONAL ENVIRONMENTAL
LAW CENTER
1402 Third Avenue, Suite 715
Seattle, WA 98101
NATIONAL ENVIRONMENTAL
LAW CENTER
294 Washington Street, Suite 500
Boston, MA 02108
David A. Nicholas
dnicholas @verizon.net
20 Whitney Road
Newton, MA 02460
Attorneys for Defendants-Appellees:
Exxon Mobil Corporation, ExxonMobil Chemical Company,
and ExxonMobil Refining & Supply Company
BECK REDDEN LLP
Russell S. Post
rpost @beckredden.com
Eric J.R. Nichols
enichols @beckredden.com
Fields Alexander
flexander@beckredden.com
Robert D. Daniel
bddaniel @beckredden.com
William R. Peterson
wpeterson @beckredden.com
Bryon A. Rice
brice @beckredden.com
1221 McKinney, Suite 4500
Houston, TX 77010
WINSTEAD PC
Albert R. Axe
aaxe @winstead.com
Keith A. Courtney
kcourtney @winstead.com
401 Congress Ave., Suite 2100
Austin, TX 78701
IGNACIO RAMIREZ, SR., City Attorney
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CERTIFICATE OF COMPLIANCE
Certificate of Compliance with Rule 32(a) Certificate
of Compliance with Type - Volume Limitation,
Typeface Requirements, and Type Style Requirements
1. This brief complies with the type- volume limitation of Fed. R. App.
P. 32(a)(7)(B) because: this brief contains 1,285 words, excluding the parts of
the brief exempted by Fed. R. App. P. 32(a)(7)(B)(iii).
2. This brief complies with the typeface requirements of Fed. R. App.
P. 32(a)(5) and the type style requirements of Fed. R. App. P. 32(a)(6) because:
this brief has been prepared in a proportionally spaced typeface using Microsoft
Word 2007 in Times New Roman 14 pt. font.
Dated: September , 2015.
R:\ Kared +Files�LegaESuitslExxonMobil Amicus\amicus.docx
IGNACIO RAMIREZ, SR., City Attorney
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