Weiler v. Chatham Forest Prods., Inc.

ELR Citation: ELR 20035
No(s). 02-9500 (2d Cir. Jun 4, 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 d...