Conservation Law Foundation, Inc. v. Romney

MEMORANDUM AND ORDER RE: MOTIONS TO DISMISS

GERTNER, District Judge.

I. INTRODUCTION

The Conservation Law Foundation has brought a Clean Air Act citizen suit against three groups of defendants — the state defendants, the Massachusetts Bay Transportation Authority (“MBTA”) defendants, and the Massachusetts Turnpike Authority (“MTA”) defendants — all of which have a role in the Central Artery/Third Harbor Tunnel project, otherwise known as the Big Dig. 1

The plaintiffs claims stem from alleged delays in or non-completion of twenty public transit projects designed to offset the negative…