The Conservation Law Foundation (“CLF”) filed a February 18th Complaint for Declaratory and Injunctive Relief and Civil Penalties (“Complaint”) against All-Star Transportation, LLC, and Student Transportation of America, LLC (collectively “All-Star”) alleging Clean Air Act violations.
The Clean Air Act violations allegedly involve motor vehicle idling limits that are a component of the Connecticut State Implementation Plan (“SIP”).
All-Star is stated to own, operate and/or manage a fleet of vehicles that travel and are housed in and around the State of Connecticut. The motor vehicle fleet consist of school buses.
The vehicles are alleged to have:
. . . on numerous occasions, caused and/or allowed the operation of mobile sources when such mobile sources were not in motion in excess of the three-minute time period allowed by Regs. Conn. State Agencies § 22a-174-18(b)(3)(C), and not in accordance with any exceptions listed in Regs. Conn. State Agencies § 22a-174-18(b)(3)(C)(i) through (vii) or at § 22a-174-18(j).
CLF cites in support of this allegation that All-Star school buses were observed over a few hour period on a sample of 22 days in October, November and December of 2019, January, March, and November of 2020 and February of 2021, committing 83 violations of the relevant regulations at company lots in Seymour, New Milford, Brookfield, and Waterbury, Connecticut.
The CLF Complaint asks that All-Star comply with the relevant law by immediately curtailing alleged unlawful idling, redress past violations, and implement practices to prevent unlawful excess idling. . . .
Civil penalties of $101,439 per day for the alleged violations are requested along with reasonable investigative, attorney, witness and consultant fees.
A copy of the Complaint can be downloaded here.