Group Against Smog & Pollution v. Shenango Inc. — environmental — affirmance — Van Anterwerpen

A company runs a plant that’s subject to the NAAQS established by the EPA, requiring them to create a SIP, which was enacted by the ACHD, but the EPA and the DEP and the ACHD sued for violations of the SIP and then GASP did too. I think. Today the Third Circuit affirmed dismissal of the private suit against the polluter, holding that the private suit was barred by the diligent-prosecution bar of the Clean Air Act.

Van Antwerpen was joined by Fuentes and Shwartz. The case was decided without argument (“TCWDWA”).