Legal Opinion
Group Against Smog & Pollution, Inc. v. Shenango Inc.
Court of Appeals for the Third Circuit
Decided January 6, 2016No. 15-2041PublishedCited by 403 opinions
1Opinion of the Court
OPINION OF THE COURT
VAN ANTWERPEN, Circuit Judge.
Group Against Smog and Pollution, Incorporated (“GASP”) filed suit against Shenango, Incorporated (“Shenango”) in the U.S. District Court for the Western District of Pennsylvania pursuant to the citizen suit provision of the Clean Air Act (“Act”), 42 U.S.C. § 7604(a)(1). The District Court granted Shenango’s motion to dismiss for lack of subject matter jurisdiction, filed pursuant to Federal Rule of Civil Procedure (“Rule”) 12(b)(1). The District Court found that the administrative agencies were already “diligently prosecuting” the Clean Mr Act…
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