Citizen Suit Enforcement/Clean Air Act: Conservation Law Foundation Action Addressing Alleged Violations of SIP Idling Regulations

Mitchell, Williams, Selig, Gates & Woodyard, P.L.L.C.

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The Conservation Law Foundation, Inc., (“CLF”) filed a Complaint for Declaratory and Injunctive Relief and Civil Penalties (“Complaint”) against Transdev North America, Inc., and Transdev Services, Inc., (collectively “Transdev”) for alleged violations of the Clean Air Act and Massachusetts State Implementation Plan (“SIP”).

Transdev is stated to own and operate a fleet of school buses housed at locations across Massachusetts.

Transdev Transportation Services include servicing the Boston Public Schools. The companies use diesel-fueled school buses to transport Boston Public School students to and from schools. They are stated to emit diesel fuel exhaust composed of fine particles, nitrogen oxides, sulfur dioxide, benzene, formaldehyde, and 40 other kinds of toxic air contaminants.

CLF alleges Transdev has violated the Massachusetts motor vehicle idling limits contained within the Massachusetts SIP. It is specifically alleged in the Complaint that:

. . . upon information and belief, Transdev has, on numerous occasions, caused, suffered, allowed, or permitted the idling of motor vehicles in excess of the five-minute time period allowed by 310 C.M.R. § 7.11(1)(b), and not in accordance with any exceptions listed in 310 C.M.R. § 7.11(1)(b)(1),(2), or (3).

A copy of the Complaint can be downloaded here.

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Mitchell, Williams, Selig, Gates & Woodyard, P.L.L.C.
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