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NEWS                                                     FEBRUARY 24, 2020 ¦ 25

“As members of many com-                                             idling vehicles. We have a school
munities located throughout the                                      bus company that is supposed
state, DATTCO employees have                                         to serve children. What the bus
a strong and vested interest in                                      company is doing with the idling
maintaining a healthy environ-       The Boston-based                of these vehicles is just crazy.”
ment,” it wrote.                                                     Tsuda did not say why his
  But plaintiffs counsel Kenta       environmental nonprofit         group targeted DATTCO. But he
Tsuda, a staff attorney for CLF,                                     said the foundation has filed four
said Thursday that both state law          Conservation Law          similar lawsuits in the past year
and the federal Clean Air Act are     Foundation filed suit after    in Massachusetts. Those cases are
on his side.                                                         pending.
                                        it said its investigators
  “This lawsuit should show oth-         found drivers for New         “These cases stem from our new
ers that those who want to protect   Britain-based DATTCO Inc. in    tailpipe-pollution campaign,”
the environment can do so when       violation of state emissions    Tsuda said. “Pollution of this type

                                             laws 132 times.

we use our federal environmental                                     is extremely dangerous, especially
laws in federal court,” Tsuda said.                                  for children and the elderly.”
Under Connecticut law, ve-                                           According to the lawsuit,
hicles cannot idle for more than                                     “These pollutants enter the lungs,
three minutes, with exceptions that include being impairing respiratory and cardiovascular health.” It
stuck in traffic, Tsuda said. Connecticut instituted claims children are particularly vulnerable because
a State Implementation Plan that was approved fed- of their developing lungs.
erally via the Clean Air Act, so Tsuda argues the Tsuda said he is optimistic of prevailing because
three-minute idling ruling is in violation of both “the law is pretty clear-cut.”
Connecticut and federal law. Each state is required Both Zimmerman and Tsuda concede that idling,
to have a State Implementation Plan related to idling especially in New England, is prevalent because
of vehicles.                                       in colder states motorists tend to let their vehicles
Investigators from the nonprofit found the school warm up longer. 
buses idling from four minutes and longer and, in                                                       ¦

one case, up to 41 minutes.                        Robert Storace covers legal trends, lawsuits and
“The big takeaway is that this is a case address- analysis for the Connecticut Law Tribune. Follow
ing an extremely important environmental issue,” him on Twitter @RobertSCTLaw or reach him at
Tsuda said. “And that is exhaust pollution from 203-437-5950.

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