IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit

FILED July 29, 2020 No. 17-20545 Lyle W. Cayce Clerk ENVIRONMENT TEXAS CITIZEN LOBBY, INCORPORATED; SIERRA CLUB,

Plaintiffs - Appellees v. EXXONMOBIL CORPORATION; EXXONMOBIL CHEMICAL COMPANY; EXXONMOBIL REFINING & SUPPLY COMPANY,

Defendants - Appellants

Appeal from the United States District Court for the Southern District of Texas USDC No. 4:10-CV-4969

Before DAVIS, COSTA, and OLDHAM, Circuit Judges. GREGG COSTA, Circuit Judge: The Clean Air Act authorizes “any person” to sue polluters. 42 U.S.C. § 7604(a). Any recovery goes to the government. This citizen suit provision harkens back to pre-Fo