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Esso Standard Oil Co. v. Cotto

ELR Citation: 34 ELR 20139
Nos. No. 04-2055, (1st Cir., 11/16/2004)

The First Circuit upheld the dismissal of an oil company's lawsuit seeking to enjoin the Puerto Rico Environmental Quality Board from imposing a fine against it for releasing fuel from a leaking underground storage tank system into the environment. Because the proceedings are ongoing before the board, the district court properly abstained from the company's suit. Although the board may be biased against the company, the company failed to demonstrate irreparable harm; thus, federal intervention is not warranted. Moreover, the company may seek interlocutory judicial review of its due process claim in state court.