Court: Citizen Group Can't Sue Polluter If Pennsylvania Prosecuting Violations

摘要

An environmental group in Pennsylvania has no grounds to sue a coke plant for failure to comply with emissions standards, an appeals court ruled, upholding the finding of a lower court dismissing the lawsuit for lack of subject matter jurisdiction (Grp. Against Smog & Pollution, Inc. v. Shenango Inc., 3d Cir., No. 15-2041, 1/6/16). In a Jan. 6 opinion, the United States Court of Appeals for the Third Circuit ruled that the Group Against Smog and Pollution Inc. (GASP) cannot bring a civil action against Shenango Inc., which operates the Neville Island Coke Plant in Allegheny County, Pa., because the state was already "diligently prosecuting" the company for air standards violations.