United States v. CITGO Petroleum Corporation, et al. (U.S. District Court for the Southern District of Texas)
Our client, a major oil refiner, was sued in a ten-count indictment for alleged violations of the Clean Air Act and Migratory Bird Treaty Act based on emissions violations at our client's Corpus Christi, Texas, petroleum refinery, for making false statements to the government, and for "taking" migratory birds. After a jury and bench trial, our client was acquitted of the benzene emissions counts and two of the bird counts, but convicted for the failure to install emissions controls and three of the bird counts. Our client obtained dismissal of the false statement claim before trial. Our client appealed and was exonerated by the U.S. Court of Appeals for the Fifth Circuit, which ruled that our client had not violated the Clean Air Act or the Migratory Bird Treaty Act as a matter of law. Eimer Stahl served a co-counsel at trial and sentencing, and as lead counsel on appeal.
For more information, please see The Wall Street Journal's article, "Birds of Regulatory Prey."