Atlantic States Legal Foundation, Inc. v. Whiting Roll-Up Door Manufacturing Corp.

ORDER

SKRETNY, District Judge.

INTRODUCTION

Now before this Court is the motion of defendant Whiting Roll-Up Door Manufacturing Corp. (“defendant”) to dismiss the Complaint for lack of subject matter jurisdiction and for failure to state a claim pursuant to Fed.R.Civ.P. 12(b)(1) and 12(b)(6), respectively. Alternatively, defendant moves for summary judgment pursuant to Fed.R.Civ.P. 56.

This lawsuit is a citizen’s enforcement action arising under the Emergency Planning and Community Right-To-Know Act (“EPCRA”), 42 U.S.C. §§ 11001 et seq. 1 In Counts One through Three of the Complaint, plaintiff…