ELR Citation: 42 ELR 21093
No(s). C-06-563 (S.D. Tex. Sep 14, 2012) (Rainey, J.)

A district court held that 15 community members of Corpus Christi, Texas, are victims under the Crime Victims Rights Act (CVRA) for environmental crimes committed by a petroleum refining company. The company was convicted of two counts of criminally violating the CAA at its refinery. The court previously ruled that the individuals could not be considered victims under the CVRA because they could not demonstrate a causal connection between their alleged injuries and the offenses of which the company was convicted. But upon hearing new arguments by the individuals, the court reversed its prior ruling and concluded that the members do not need to prove that they suffered medically documented physical injuries or illnesses from the company's crimes in order to be declared crime victims under the CVRA. Instead, testimony by the community members and other witnesses that they suffered symptoms such as burning eyes, bad taste in the mouth, nose burning, sore throat, skin rashes, shortness of breath, vomiting, dizziness, nausea, fatigue, and headaches is sufficient to constitute harm under the CVRA. As victims, the community members have the right to make oral statements at sentencing. (Plaintiffs' counsel included Prof. Paul Cassell of the Utah Appellate Clinic.)