Posted on September 27, 2017
The firm defended Global Companies against a citizen suit action seeking declaratory relief, injunctive relief, and civil penalties for alleged violations of the Clean Air Act and New York’s state implementation plan at its petroleum terminal in Albany. The plaintiffs in White v. Global Companies LLC alleged, among other things, Global failed to comply with the nonattainment New Source Review program when it modified its Title V air permit in 2012. Global moved to dismiss two of Plaintiffs’ claims for lack of subject matter jurisdiction and a third claim for failure to state a claim upon which relief could be granted. The Court granted Global’s motion to dismiss in its entirety after finding no merit in Plaintiffs’ action. The decision can be viewed here.