Shell Asks Court to Toss Big Green Cracker Suit: DEP Already Acted

Shell Chemical Appalachia wants a federal judge in Pittsburgh to throw out a lawsuit Philadelphia-based Big Green group Clean Air Council filed more than three years ago over air emissions at Shell's ethane cracker plant in Monaca (Beaver County), PA. Shell's main argument is simple: the PA Department of Environmental Protection (DEP) has already gone after Shell for the very same violations, not once but twice, collecting nearly $25 million in penalties and "community" payments. Federal law, says Shell, doesn't let a private group pile on when the state is already on the case. Shell also argues the Council never showed that a single member was actually harmed. Shell filed its motion last Friday, Oct. 9, and the Council has agreed to pause the case while the judge decides.

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