ELR Citation: ELR 20149
No(s). C-1-04-781 (S.D. Ohio Jul 18, 2005)

The court dismissed an individual's Clean Air Act (CAA) and state-law claims against an electric utility plant for lack of jurisdiction. The individual failed to comply with the CAA's notice requirements. His notice letter to the plant failed to sufficiently enable the plant to identify the dates the alleged violations occurred. The individual argued that read as a whole, the letter implies that the violations are "ongoing" and therefore occurred every day since the plant began its operations. Yet, statements that the violations are "ongoing" or "continuing" are not synonymous with a statement that the violations occurred daily. Finding that it lacked jurisdiction over the CAA claims, the court declined to exercise jurisdiction over the individual's remaining state-law claims.