In May, 2014, Group Against Smog and Pollution (GASP) sued coke
producer Shenango, Inc. under the Clean Air Act's (CAA) citizen
suit provision for allegedly violating opacity limits in its air
permit for its Neville Island, Pennsylvania facility. Prior
to that lawsuit, U.S. EPA, Pennsylvania Department of Environmental
Protection (DEP) and Allegheny County Health Department (ACHD) had
sued Shenango in 2012 in the U.S. District Court for the Western
District of Pennsylvania and entered into a consent decree
addressing opacity violations. The Court retained
jurisdiction to enforce the consent decree. In 2014, ACHD
sued Shenango in the Allegheny County Court of Common Pleas for
opacity violations, resulting in a consent order reaffirming the
2012 consent decree and addressing further claims of
violations. Because of those legal actions by federal, state
and county regulators, a three-judge panel of the U.S. Court of
Appeals for the Third Circuit on January 6
