Group Against Smog & Pollution, Inc. v. Shenango Inc, No. 15-2041 (3d Cir. 2016)
Annotate this CaseThe environmental group, GASP, sued Shenango, which operates the Neville Island Coke Plant, a coke manufacturing and by-products recovery facility in Allegheny County, Pennsylvania. The district court dismissed the citizen suit, finding that that the administrative agencies were already “diligently prosecuting” the alleged Clean Air Act violations, so that GASP’s action was prohibited by the diligent prosecution bar of the Act. 42 U.S.C. 7604(b)(1)(B). The Third Circuit affirmed, stating that the diligent prosecution bar of the Act is not a jurisdictional limitation, but that GASP’s action was properly dismissed through a Rule 12(b)(6) motion for failure to state a claim.
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