3rd Circuit: Agency’s ‘Diligent Prosecution’ Bars Group’s Emissions Suit

Mealey's (January 7, 2016, 9:54 AM EST) -- PHILADELPHIA — A Third Circuit U.S. Court of Appeals panel on Jan. 6 affirmed a federal judge in Pennsylvania’s ruling that a state agency’s diligent prosecution of allegations that a coke manufacturer’s emissions were violating the Clean Air Act barred a suit brought by an environmental group, but also ruled that the diligent prosecution bar is not a jurisdictional issue that warranted dismissal under Federal Rule of Civil Procedure 12(b)(1) (Group Against Smog and Pollution v. Shenango Inc., No. 15-2041, 3rd Cir.; 2016 U.S. App. LEXIS...
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