United States Second Circuit
Group Against Smog and Pollution v. Shenango, Inc., 15-2041
In an environmental citizen suit, the district court's grant of defendant's motion to dismiss is affirmed on alternative grounds. The court held that the diligent prosecution bar of the Clean Air Act, 42 U.S.C. section 7604(b)(1)(B), is a claim-processing rule instead of a jurisdictional limitation and that plaintiff's case is subject to dismissal under F.R. Civ. Pro. Rule 12(b)(6) for failure to state a cause of action.
Appellate Information
- Published 2016/01/06
Judges
- VAN ANTERWERPEN
Court
- United States Second Circuit