The Trump Administration has ushered in a new regulatory landscape in the Fifth Circuit.  It is relatively peaceful, as most new litigants have brought their claims in forums perceived to be more liberal than that court (which has long been dominated by Republican-appointed judges).  As Damonta Morgan and I continue to bring you the latest […]

The en banc Fifth Circuit released some zingers ahead of the holiday season.  In Environment Texas Citizen Lobby, Inc. v. ExxonMobil Corp., the court of appeals issued a one-paragraph per curiam opinion—accompanied by 166 pages of concurrences and dissents—blessing a $14.25 million civil penalty against ExxonMobil.  The showdown largely focused on standing.  Appellate geeks may […]