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WEILER v. CHATHAM FOREST PRODUCTS, INC.

Docket No. 02-9500.

392 F.3d 532 (2004)

James F. WEILER, Sandra L. Weiler, Kimberely Dewey, Ann Martin, Charlene Poore, Kenneth Poore, Kenneth C. Poore, Jr., Clem Coryer, Mary Coryer, Marie E. Craven, Sheila House, Phillip Dority, Pamela Dority, Gregory A. Mills, Nancy Mills, Robert Woodard, Lisa Woodard, H.A. Patterson, Brian T. Patterson, Gary Mallette, and Ernestine M. Rieck, Plaintiffs-Appellants, v. CHATHAM FOREST PRODUCTS, INC., Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided June 4, 2004.

Amended December 8, 2004.

Attorney(s) appearing for the Case

Robert Ukeiley, Georgia Center for Law in the Public Interest, Atlanta, GA, for Appellants.

Ruth E. Leistensnider, Albany, N.Y. (Nixon Peabody, Albany, NY, of counsel), for Appellee.

Eliot Spitzer, Attorney General of the State of New York, Caitlin J. Halligan, Solicitor General, Denise A. Hartman, Assistant Solicitor General, Lisa M. Burianek, Assistant Attorney General, State of New York, Albany, NY, on the brief, for Amicus Curiae New York State Department of Environmental Conservation.

Before: MESKILL, KATZMANN and RAGGI, Circuit Judges.

MESKILL, Circuit Judge.1

Appeal from the judgment of the United States District Court for the Northern District of New York, Scullin, J., dismissing the case for failure to state a cause of action under the Clean Air Act.

Reversed and remanded.

This appeal requires us to consider whether section 304(a)(3) of the Clean Air Act, 42 U.S.C. § 7604(a)(3), allows a private...

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