Tuesday, October 2, 2012

Clean Air Act allows a citizen suit to be brought directly to federal court

In Citizens for Pennsylvania’s Future v. Ultra Resources decided on September 24th, the District Court for the Middle District of Pennsylvania, in finding that it has subject matter jurisdiction, concluded that the language of the Clean Air Act allows the plaintiff to bring a citizen suit for violations of the Clean Air Act directly to federal court. The Court rejected defendant Ultra’s claim that plaintiff was required to exhaust the state and administrative remedies before going to federal court. The Court also rejected Ultra’s abstention argument explaining that “it would be improper to abstain from exercising jurisdiction when Congress has clearly established a cause of action for citizen suits in Section 304 of the CAA.”
Written by Anna Leonenko, Research Fellow
Penn State Law, Agricultural Law Center
October 2, 2012

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