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Weiler v. Chatham Forest Prods., Inc.

ELR Citation: 34 ELR 20035
Nos. No. 02-9500, (2d Cir., 06/04/2004)

The Second Circuit held that CAA §304(a)(3) allows citizens to challenge a state determination that a prospective source of air pollution was not a major emitting facility and to bring suit to enjoin construction of the facility. The existence of potentially overlapping enforcement mechanisms does not demonstrate Congress' intention to preclude a citizen suit. The factory must be considered a major emitting facility under the CAA because the mechanisms put in place to limit pollution are neither practically effective nor enforceable, and thus the minor source permit was insufficient. Moreover, the facility would be located in a nonattainment area for several of the pollutants that will be emitted by the facility, and thus the facility must comply with CAA Part D permit requirements.