ELR Citation: ELR 20057
No(s). C.A.05-10487 NG (D. Mass. Mar 20, 2006)

A court grants in part and denies in part Massachusetts government officials' motions to dismiss Clean Air Act (CAA) claims filed against them by an environmental group concerning the Central Artery/Third Harbor Tunnel project in Boston, also known as the "Big Dig." The group's claims stem from alleged delays in or non-completion of 20 public transit projects designed to offset the negative environmental impact of the Big Dig. In failing to complete these projects, the group argues, the officials violated the Massachusetts state implementation plan (SIP) and failed to fulfill their part of the Big Dig bargain. In order to bring a CAA citizen suit, a plaintiff must allege a violation of a specific "emission standard or limitation" that is "in effect under" the CAA or a state's SIP. Because there are no performance deadlines for the construction of a rail line to T.F. Green Airport in Rhode Island or the implementation of signalization technology to give priority to mass transit vehicles in greater Boston, the group's claims that the officials failed to complete these projects were dismissed since they are not federally enforceable. The group's remaining claims, however, adequately provide for the court's jurisdiction under the CAA citizen suit requirements.