A federal judge has dismissed an environmental group’s suit that sought an injunction prohibiting the sales of any new vehicles in Pennsylvania that do not meet California’s stringent emissions requirements because the Pennsylvania Department of Environmental Protection has allegedly failed to enforce its emissions standards.
In his 14-page opinion in Clean Air Council Inc. v. McGinty, Senior U.S. District Judge Robert F. Kelly held that the plaintiffs failed to state a valid claim under the Clean Air Act because the suit does not allege any “specific affirmative actions” taken by Department of Environmental Protection Secretary Kathleen A. McGinty that violate the law.
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