The US District Court Southern District on Tuesday dismissed a request by Exxon Mobil Corp. to dismiss the lawsuit regarding its Texas facility.

The lawsuit filed by Sierra Club and Environment Texas says Irving-based Exxon’s Baytown refinery released 8 million pounds (3.6 million kilograms) of illegal pollution, including cancer-causing toxins, without facing proper fines or being forced to fix equipment.

The environmental groups say they are suing refineries in the Houston Ship Channel to force compliance with the federal Clean Air Act because Texas state regulators are failing to do so. They have reached a $5.8 million with Shell.