Feb 29, 2016

Third Circuit Upholds Diligent Prosecution Bar to Citizen Suit Under Clean Air Act

In May, 2014, Group Against Smog and Pollution (GASP) sued coke producer Shenango, Inc. under the Clean Air Act’s (CAA) citizen suit provision for allegedly violating opacity limits in its air permit for its Neville Island, Pennsylvania facility.  Prior to that lawsuit, U.S. EPA, Pennsylvania Department of Environmental Protection (DEP) and Allegheny County Health Department (ACHD) had sued Shenango in 2012 in the U.S. District Court for the Western District of Pennsylvania and entered into a consent decree addressing opacity violations.  The Court retained jurisdiction to enforce the consent decree.  In 2014, ACHD sued Shenango in the Allegheny County Court… Read more