Case 3:22-cv-00454-SVN Document 1 Filed 03/28/22 Page 1 of 23
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`UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF CONNECTICUT
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`____________________________________
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`Conservation Law Foundation, Inc.,
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` Plaintiff,
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`First Transit, Inc.
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`Defendant.
`____________________________________)
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` v.
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`Case No. _______
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`COMPLAINT FOR
`DECLARATORY AND INJUNCTIVE
`RELIEF AND CIVIL PENALTIES
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`(Clean Air Act, 42 U.S.C. §§ 7401, et seq.)
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`INTRODUCTION
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`1.
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`This is a citizen enforcement suit brought by Plaintiff, Conservation Law Foundation,
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`Inc. (“Plaintiff” or “CLF”), on behalf of its individual members, to redress and prevent Clean Air
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`Act violations that negatively affect the health and lives of Connecticut residents by repeatedly
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`exposing them to harmful pollutants.
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`2.
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`Defendant First Transit, Inc. (“First Transit”) owns, operates, and/or manages a fleet of
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`vehicles that travel and are housed in and around the State of Connecticut.
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`3.
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`Defendant has repeatedly violated, is violating, and continues to violate the Clean Air Act
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`(“CAA” or “Act”) and the Connecticut State Implementation Plan (“SIP”), specifically, the
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`Connecticut motor vehicle idling limits contained within the federally enforceable Connecticut
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`SIP.
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`4.
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`Defendant has caused and/or allowed the operation of mobile sources when such mobile
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`sources were not in motion in excess of the three-minute time period allowed by Regs. Conn.
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`State Agencies § 22a-174-18(b)(3)(C), and not in accordance with any exceptions listed in Regs.
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`Conn. State Agencies § 22a-174-18(b)(3)(C)(i) through (vii) or at § 22a-174-18(j).
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`5.
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`Defendant’s buses unlawfully pollute communities they are meant to serve. During a few
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`hours’ observation on a sample of nine (9) days in November of 2019, September and October of
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`2020, October and November of 2021, and January of 2022, an investigator observed fifty-three
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`(53) violations of federal air pollution laws by First Transit at the company’s bus stops in
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`Wethersfield, and New Haven, Connecticut.
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`6.
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`First Transit continues to violate the Clean Air Act and the Connecticut State
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`Implementation Plan, even after receiving notification by CLF of the company’s unlawful
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`conduct and of CLF’s intention to enforce the federal law through this citizen suit.
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`7.
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`Upon information and belief, First Transit has not taken any actions sufficient to prevent
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`future violations of the type alleged in this Complaint.
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`8.
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`Absent an appropriate order from this Court, Defendant is likely to repeat its violations of
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`the Act as described below.
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`9.
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`CLF asks the Court to remedy the ongoing harm and to order First Transit to comply with
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`federal law by immediately curtailing unlawful idling, redressing its past violations, and
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`implementing practices to prevent unlawful excess idling and the resultant exhaust pollution in
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`the future.
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`10.
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`This action encompasses post-Complaint violations of the types alleged in the Complaint.
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`LEGAL BACKGROUND
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`The Citizen Suit Provision of the Clean Air Act
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`11.
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`In 1970, Congress passed the Clean Air Act “to protect and enhance the quality of the
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`Nation’s air resources so as to promote the public health and welfare and the productive capacity
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`of its population.” 42 U.S.C. § 7401(b)(1).
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`12.
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`The Act directs the United States Environmental Protection Agency (“EPA”) to set
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`National Ambient Air Quality Standards (“NAAQS”). General Motors Corp. v. United States,
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`496 U.S. 530, 533 (1990) (citing 42 U.S.C. §§ 7409–10).
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`13.
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`The Act also directs each state or local air-pollution control agency to develop a State
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`Implementation Plan (“SIP”) describing how it will achieve and maintain compliance with the
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`NAAQS set by EPA to protect human health and the environment. 42 U.S.C. § 7407(a).
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`14.
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`A standard or limitation established “under any applicable state implementation plan
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`approved by the Administrator” qualifies as a federally enforceable “emission standard or
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`limitation” under the Act. 42 U.S.C. § 7604(f)(4).
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`15.
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`In the “citizen suit” provision of the Act, Congress authorizes “any person” to
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`“commence a civil action . . . against any person . . . who is alleged to have violated (if there is
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`evidence that the alleged violation has been repeated) or to be in violation of . . . an emission
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`standard or limitation under” the Act. 42 U.S.C. § 7604(a)(1).
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`16.
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`The Act’s definition of an “emission standard or limitation” includes any standard or
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`limitation established “under any applicable State Implementation Plan approved by the
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`Administrator.” 42 U.S.C. §7604(f)(4).
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`17.
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`Accordingly, citizens may enforce standards or limitations established under any EPA-
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`approved SIP in the federal courts. See, e.g., Council of Commuter Orgs. v. Metro. Transp. Auth.,
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`683 F.2d 663, 669 n.7 (2d Cir. 1982).
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`18.
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`Each separate violation of the Act, its emission standards, or limitations subjects the
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`violator to a penalty of up to $101,439 per day per violation. 40 C.F.R. §§ 19.2(a), 19.4.
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`The Anti-Idling Regulation
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`19.
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`The State of Connecticut has an EPA-approved SIP that includes Regs. Conn. State
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`Agencies § 22a-174-18(b)(3)(C) (the “Connecticut Anti-Idling Regulation”).
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`20.
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`The Connecticut Anti-Idling Regulation provides that “no person shall cause or allow. . .
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`a mobile source to operate for more than three (3) consecutive minutes when such mobile source
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`is not in motion.” 42 U.S.C. § 7410; 40 C.F.R. § 52.385; 79 Fed. Reg. 41,427.
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`21.
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`The Connecticut Anti-Idling Regulation creates limited exceptions to the general
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`prohibition on idling in excess of three minutes for instances in which:
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`• The vehicle “is forced to remain motionless because of traffic conditions or
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`mechanical difficulties over which the operator has no control,” Regs. Conn. State
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`Agencies § 22a-174-18(b)(3)(C);
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`•
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`Idling in excess of three minutes “is necessary to operate defrosting, heating or
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`cooling equipment to ensure the safety or health of the driver or passengers,” id.;
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`•
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`Idling in excess of three minutes “is necessary to operate auxiliary equipment that is
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`in or on the mobile source to accomplish the intended use of the mobile source,” id.;
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`•
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`Idling in excess of three minutes is necessary “to bring the mobile source to the
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`manufacturer’s recommended operating temperature,” id.;
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`• The outdoor temperature is below twenty degrees Fahrenheit, id.;
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`• The vehicle is undergoing maintenance that requires its operation in excess of three
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`minutes, id.; or
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`• The vehicle “is in queue to be inspected by U.S. military personnel prior to gaining
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`access to a U.S. military installation,” id.
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`22.
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`The Connecticut Anti-Idling Regulation exempts aircraft, trains, boats, commonly used
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`residential garden and snow removal equipment, antique vehicles, racing vehicles, and vehicles
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`undergoing mechanical repair or testing that affects the emission of visible air pollutants. Regs.
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`Conn. State Agencies § 22a-174-18(j)(4).
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`23.
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`24.
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`Defendant has violated and is in violation of the Anti-Idling Regulation.
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`The Act’s citizen suit provision provides the district courts of the United States with
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`jurisdiction to “enforce” emission standards and limitations under the Act, and to impose an
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`appropriate civil penalty on the violator of those emissions standards and limitations. 42 U.S.C. §
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`7604(a).
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`Conservation Law Foundation, Inc.
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`PARTIES
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`25.
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`CLF is a nonprofit, member-supported organization dedicated to protecting New
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`England’s environment. CLF’s mission includes safeguarding the health and quality of life of
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`New England communities facing the adverse effects of air pollution.
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`26.
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`CLF is incorporated under the laws of Massachusetts with a principal place of business at
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`62 Summer Street in Boston, Massachusetts.
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`27.
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`28.
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`29.
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`As a corporation, CLF is a person as defined by the Clean Air Act. 42 U.S.C. § 7602(e).
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`CLF has over 5,100 members in New England.
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`CLF’s members include individuals who live and recreate near the locations where
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`vehicles owned, operated, and/or managed by First Transit idle in excess of three minutes.
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`30.
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`The health, well-being, quality of life, and enjoyment of CLF members are harmed by
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`Defendant’s violations of the CAA.
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`First Transit, Inc.
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`31.
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`32.
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`33.
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`34.
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`First Transit is a corporation organized under the laws of the state of Delaware.
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`First Transit is headquartered at 600 Vine Street, Suite 1400, Cincinnati, Ohio 45202.
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`First Transit provides transportation services using vehicles it owns and/or operates.
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`First Transit operates a fleet of about 12,000 vehicles and employs approximately 19,000
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`employees.
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`35.
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`First Transit operates in 335 locations and carries over 350 million passengers each year
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`in 39 states, as well as Puerto Rico and Canada.
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`36.
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`37.
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`First Transit conducts business within the state of Connecticut.
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`First Transit operates the Hartford, New Haven, and Stamford divisions of CTtransit in
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`Connecticut.
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`38.
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`First Transit operates fixed-route campus shuttle services for students and staff of Yale
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`University in New Haven, Connecticut.
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`39.
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`As a corporation, First Transit is defined as a “person” by the Clean Air Act. 42 U.S.C.
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`§ 7602(e).
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`JURISDICTION, VENUE, AND NOTICE
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`40.
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`Subject matter jurisdiction is conferred upon this Court by 42 U.S.C. § 7604(a) (CAA
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`citizen suit jurisdictional provision) and 28 U.S.C. § 1331 (federal question jurisdiction).
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`41.
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`This Court has personal jurisdiction over Defendant, as First Transit conducts business in
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`the State of Connecticut and a substantial part of the acts or omissions giving rise to the claims in
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`this case occurred within the state.
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`42.
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`The Court can grant declaratory and injunctive relief pursuant to 28 U.S.C. §§ 2201 and
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`2202 and the jurisdiction conferred on the Court by the Clean Air Act. 42 U.S.C. § 7604(a).
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`43.
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`44.
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`The Court can impose civil penalties pursuant to the Clean Air Act. Id.
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`An actual, justiciable controversy now exists between CLF and the Defendant. U.S.
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`CONST. art. III, § 2.
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`45.
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`Venue is proper in this Court, as Defendant First Transit conducts business in the District
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`of Connecticut and a substantial part of the acts or omissions giving rise to the claims in this case
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`occurred in the District. 28 U.S.C. § 1391(b).
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`46.
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`CLF has satisfied the Clean Air Act’s notice requirement. 42 U.S.C. § 7604(b).
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`47. More than 60 days prior to the filing of this complaint, CLF provided notice of the
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`violations alleged in this Complaint to First Transit by a letter dated January 24, 2022 and mailed
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`to Brad Thomas, First Transit’s President (the “Notice Letter”). A copy of CLF’s Notice Letter is
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`attached as Exhibit 1.
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`48.
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`49.
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`CLF also mailed the Notice Letter to First Transit’s agent, CT Corporation System.
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`Copies of the Notice Letter were also mailed to the Administrator of the United States
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`Environmental Protection Agency (“EPA”), the Connecticut Department of Energy and
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`Environmental Protection (“DEEP”) Commissioner, and the EPA Citizen Suit Coordinator.
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`50.
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`Neither EPA nor DEEP has brought suit against Defendant in connection with the
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`violations described in CLF’s notice letter.
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`51.
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`Each of the addressees identified above received the Notice Letter. A copy of each return
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`receipt is attached as Exhibit 2.
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`The Harms of Vehicle Idling
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`FACTUAL BACKGROUND
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`52. When operating, an internal combustion engine generates exhaust as a waste byproduct
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`of combustion.
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`53.
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`Exhaust is routed out of the combustion chamber, through the vehicle’s exhaust system,
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`and out the vehicle’s tailpipe to the environment.
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`54.
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`Catalytic converters or filters can lower the concentrations of pollutants in raw exhaust
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`before release to the environment—albeit without fully eliminating pollution.
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`55.
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`Exhaust can also leak from the combustion chamber into the crankcase, from which it can
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`reach the surrounding environment.
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`56.
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`“Self-pollution,” exhaust generated by a bus’s engine that enters the bus cabin, is a
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`serious source of harm caused by bus fleets.
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`57.
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`58.
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`59.
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`Exposure to vehicle exhaust is harmful to human health.
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`The link between diesel-exhaust exposure and cancer is well established.
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`Both diesel-fueled vehicles and vehicles that use ethanol, propane, and compressed
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`natural gas fuels emit harmful air pollutants like particulate matter, nitrogen oxides, sulfur
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`dioxide, benzene, and formaldehyde.
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`60.
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`61.
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`Fine particulate matter is a pollutant in vehicle exhaust.
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`Fine particulate matter— often referred to as “PM2.5”—refers to a mixture of solid
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`particles and liquid droplets with diameters generally 2.5 micrometers and smaller.
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`62. When inhaled, fine particulate matter can penetrate deep into the lungs.
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`63.
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`The smallest particles—referred to as ultrafine particles—are composed of nanoparticles
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`that can penetrate the air-blood barrier in the lungs and, in turn, enter the lymph nodes and
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`bloodstream.
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`Diesel exhaust contains both fine and ultrafine (nano) particulate matter.
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`Fine particulate matter is harmful to human health.
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`64.
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`65.
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`66.
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`Scientific studies have linked exposure to fine particulate matter pollution with health
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`problems including irritation of the airways, coughing or difficulty breathing, aggravated asthma,
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`decreased lung function, cardiovascular disease, irregular heartbeat, heart attacks, and premature
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`death.
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`67.
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`Studies have linked exposure to fine particulate matter pollution to decreased cognitive
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`function in children, dementia in elderly persons, and reduced economic growth and a higher
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`incidence of violent crime at the societal level.
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`68.
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`69.
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`Fine particulate matter pollution is particularly harmful to children.
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`A child’s developing lungs are structurally different from, and more permeable than,
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`mature adult lungs and allow for a higher portion of the inhaled pollutant load—particularly of
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`the most harmful ultrafine nanoparticles—to deposit in the lungs and penetrate the air-blood
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`barrier.
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`70.
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`71.
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`Fine particulate matter pollution is particularly harmful to older adults.
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`According to a recent study by the Health Effects Institute, older Americans who
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`regularly breathe even low levels of particulate air pollution, including from automobile exhaust,
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`face a greater chance of premature death.
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`72.
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`73.
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`Fine particulate matter is harmful to the environment.
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`Particulate matter settles on the surface of waterbodies, where it can make them more
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`acidic and change their nutrient balance.
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`74.
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`On land, particulate matter can deplete the nutrients in soil, damage sensitive forests and
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`farm crops, and detrimentally affect the biodiversity of ecosystems.
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`75.
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`Vehicle exhaust contains nitrogen oxides (NOx), a family of poisonous, highly reactive
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`gases formed when fuel is burned at high temperatures.
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`76.
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`77.
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`Nitrogen oxide compounds are harmful to human health.
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`Nitrogen oxide compounds react with other compounds in the atmosphere to form
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`particulate matter.
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`Nitrogen oxide compounds are harmful to the environment.
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`Together with sulfur dioxide, nitrogen oxides are the main air pollutants that cause acid
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`78.
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`79.
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`rain.
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`80.
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`Atmospheric nitrogen deposition is the process in which nitrogen particles, such as
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`nitrogen oxide compounds emitted from a tailpipe, travel through the atmosphere and are
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`deposited on land or in water.
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`81.
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`82.
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`83.
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`Atmospheric nitrogen deposition can increase nitrate concentrations in water.
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`High levels of nitrate in drinking water are a health hazard, especially for infants.
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`Through atmospheric nitrogen deposition, nitrogen oxide pollution contributes to
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`widespread accelerated eutrophication (the generation of algal blooms and fish kills as a result of
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`excess nutrients) in coastal waters and estuaries.
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`84.
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`85.
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`Nitrogen oxides can contribute to anthropogenic climate change.
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`Some nitrogen oxides are themselves greenhouses gases, while others contribute to the
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`creation of tropospheric ozone (as opposed to stratospheric ozone), which is a greenhouse gas.
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`86.
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`Vehicle exhaust contains sulfur dioxide, a gas that is harmful to human health. Short-term
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`exposures to sulfur dioxide can harm the human respiratory system and impair breathing. People
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`with asthma, particularly children, are sensitive to these effects.
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`87.
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`Sulfur dioxide is also otherwise harmful to the environment. At high concentrations, it
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`can harm trees and plants by damaging foliage and decreasing growth.
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`88.
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`Exhaust also contains benzene, an industrial solvent and a component in gasoline.
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`89.
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`90.
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`Benzene is harmful to human health.
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`Exposure by inhalation can cause drowsiness, dizziness, and headaches, as well as eye,
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`skin, and respiratory tract irritation, and, at high levels, unconsciousness.
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`91.
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`92.
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`Benzene is also a known human carcinogen.
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`An extensive array of scientific literature describes the genotoxic effects of benzene,
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`confirming it as a chemical that damages the DNA of a person exposed to it.
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`93.
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`94.
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`Exhaust also contains formaldehyde, a gas that is harmful to human health.
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`Exposure to formaldehyde can cause nasal and eye irritation and increased risk of asthma,
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`and, at higher concentrations, eczema and impaired lung function.
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`95.
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`According to the United States Department of Health and Human Services’ National
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`Toxicology Program, formaldehyde is a known human carcinogen.
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`Negative Health Effects of COVID-19 on Communities Exposed to Exhaust
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`96.
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`The pollutants which comprise vehicle exhaust have been linked with worse health
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`effects from COVID-19.
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`97.
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`Particulate air pollution can facilitate the spread of COVID-19 infection, as the virus can
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`travel further through the air and deeper into the lungs while “hitchhiking” on airborne
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`particulates.
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`98.
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`Particulate air pollution can make people more susceptible to COVID-19 infection and its
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`most severe symptoms by causing or contributing to lung inflammation and chronic lung
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`diseases.
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`99.
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`Studies have shown that a small increase in long-term exposure to fine particulates leads
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`to a large increase in the COVID-19 death rate.
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`100. Studies have linked exposure to high concentrations of NOx to deaths from COVID-19.
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`Defendant’s Violations of the Anti-Idling Regulation
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`101. First Transit owns, operates, and/or manages vehicles in Connecticut, including diesel-
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`fueled vehicles.
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`102. Vehicles owned, operated, and/or managed by First Transit—including their diesel-fueled
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`buses—use internal combustion engines.
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`103.
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`Idling refers to the operation of a vehicle’s engine while the vehicle is not moving.
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`104. During idling, combustion occurs in a vehicle’s engine and generates exhaust.
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`105. While Defendant’s vehicles are operating, their engines generate and release exhaust into
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`the surrounding environment.
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`106. The exhaust generated by Defendant’s vehicles while idling contains fine (and ultrafine)
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`particulate matter, nitrogen oxide compounds, sulfur dioxide, benzene, formaldehyde, and other
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`air contaminants.
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`107. Defendant causes, suffers, allows, and/or permits the emission of fine (and ultrafine)
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`particulate matter, nitrogen oxide compounds, sulfur dioxide, benzene, formaldehyde, and other
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`air contaminants into the atmosphere at the New Haven Go Bus Stop located at 40 Union
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`Avenue, New Haven, Connecticut 06519 (“New Haven Go Bus Stop”).
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`108. According to 2020 Decennial Census data, approximately 116,206 people live within two
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`(2) miles of the New Haven Go Bus Stop.
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`109. Amistad Park, Tower Lane Public Housing Playground, Yale New Haven Psychiatric
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`Hospital, Cornell Scott Hill Health Center (Sargent Drive), Afamistad High School, South
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`Orange Public Housing Playground, St. Basil’s Greek Orthodox Church, Yale School of Public
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`Health, Wooster Square Community Garden, Wooster Memorial Playground, Union Street Dog
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`Park, Columbus Park, Trowbridge Square Park, Boys and Girls Club of New Haven, Liberty
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`Street Farm, and Roberto Clemente Elementary School are located within a half (0.5) mile of
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`New Haven Go Bus Stop.
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`110. Yale University, Grove Street Cemetery, New Haven Green, St. Mary’s Church, Wooster
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`Square Park, Conte West Hills Middle School, Yale-New Haven Health, Yale-New Haven
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`Hospital, Yale School of Medicine, Long Wharf Park, Paul Russo Memorial Park, and Hyde
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`Leadership School are located within one (1) mile of New Haven Go Bus Stop.
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`111. Notre Dame High School, University of New Haven, East Rock Park, Evergreen
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`Cemetery, and The Foote School are located within two (2) miles of New Haven Go Bus Stop.
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`112. Defendant causes, suffers, allows, and/or permits the emission of fine (and ultrafine)
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`particulate matter, nitrogen oxide compounds, sulfur dioxide, benzene, formaldehyde, and other
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`air contaminants into the atmosphere at the Yale School of Medicine Shuttle Stop located at 333
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`Cedar Street in New Haven, Connecticut, 06519.
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`113. According to 2020 Decennial Census data, approximately 121,644 people live within two
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`(2) miles of the Yale School of Medicine Shuttle Stop.
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`114. Amistad Park, Tower Lane Public Housing Playground, Yale New Haven Psychiatric
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`Hospital, Cornell Scott Hill Health Center (Columbus Ave), Afamistad High School, South
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`Orange Public Housing Playground, St. Basil’s Greek Orthodox Church, Yale-New Haven
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`Health, Yale-New Haven Hospital, Yale-New Haven Children’s Hospital, Yale School of
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`Medicine, Yale School of Public Health, Columbus Park, Trowbridge Square Park, Boys and
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`Girls Club of New Haven, Liberty Street Farm, Stevens Street Community Garden, Hallock
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`Street Playground, Clemente Leadership Academy, and Roberto Clemente Elementary School
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`are located within a half (0.5) mile of the Yale School of Medicine Shuttle Stop.
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`115. Evergreen Cemetery, West River Memorial Park, Yale-New Haven Hospital Saint
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`Raphael Campus, Troup School, Church of God and Saints of Christ, Amistad Academy Middle
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`School, Dwight Gardens, Scantlebury Park, Yale University, Grove Street Cemetery, New
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`Haven Green, St. Mary’s Church, Wooster Square Park, Conte West Hills Middle School, and
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`Orchard Street Shul are located within one (1) mile of the Yale School of Medicine Shuttle Stop.
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`116. Notre Dame High School, University of New Haven, East Rock Park, Forest School,
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`Albertus Magnus College, and The Foote School are located within two (2) miles of the Yale
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`School of Medicine Shuttle Stop.
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`117. The New Haven Go Bus Stop and the Yale School of Medicine Shuttle Stop are located
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`within the City of New Haven, an environmental justice community1 in which 32.6% of
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`residents identify as Black or African American, 31.2% of residents identify as Hispanic or
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`Latino, 35.9% of the population speaks a language other than English at home, and 26.5% of
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`residents live in poverty according to the U.S. Census Bureau QuickFacts.
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`118. Defendant causes, suffers, allows, and/or permits the emission of fine (and ultrafine)
`
`particulate matter, nitrogen oxide compounds, sulfur dioxide, benzene, formaldehyde, and other
`
`air contaminants into the atmosphere at the Wolcott Hill Park and Ride located at 38 Wolcott
`
`Hill Road, Wethersfield, Connecticut 06109.
`
`119. According to 2020 Decennial Census data, approximately 67,511 people live within two
`
`(2) miles of the Wolcott Hill Park and Ride.
`
`
`1 Connecticut defines “environmental justice community” as either “A. a United States census block
`group, as determined in accordance with the most recent United States census, for which thirty percent or
`more of the population consists of low income persons who are not institutionalized and have an income
`below two hundred percent of the federal poverty level, or B. a distressed municipality.” Conn. Gen. Stat.
`§ 22a-20a (2009). New Haven is a census block group in which thirty percent or more of the population
`lives below two hundred percent of the federal poverty level.
`14
`
`
`
`

`

`Case 3:22-cv-00454-SVN Document 1 Filed 03/28/22 Page 15 of 23
`
`120. Wethersfield Academy, Folly Brook Natural Area, Ukrainian National Home auditorium,
`
`Connecticut Department of Correction, Pentecostals of Greater Hartford, Naylor School,
`
`Connecticut Department of Labor, Discovery Academy, and Franklin Avenue Recreation Center
`
`are located within a half (0.5) mile of Wolcott Hill Road Park and Ride.
`
`121. Wethersfield Community Center, Charles Wright Elementary School, Double A
`
`Veterinary Hospital, Beaver Brook Animal Hospital, the Wethersfield Public Library, Cedar Hill
`
`Cemetery, Bosnian-American Islamic Cultural Center, Trinity Pentecostal Church of God, Grace
`
`Worship Center Church, Folly Brook Natural Area, Wethersfield Cove, Goodwin Park Golf
`
`Course, and Cove Park are located within one (1) mile of Wolcott Hill Road Park and Ride.
`
`122. Keeny Point National Wildlife Refuge, Wethersfield Village Cemetery, Wethersfield
`
`High School, Silas Deane Middle School, Emerson Williams Elementary School, Farms Village
`
`Playground, Kol Haverim Cemetery, Wethersfield Salem Seventh-Day Adventist Church, and
`
`Forster Heights Playground are located within two (2) miles of Wolcott Hill Road Park and Ride.
`
`123. The Wolcott Hill Park and Ride is located within the Town of Wethersfield, an
`
`environmental justice community in which thirty percent or more of the population lives below
`
`200% of the federal poverty level.
`
`124. Asthma rates in Connecticut are significantly higher than national averages: 10.3% of
`
`adults and 9.7% of children in Connecticut currently suffer from asthma compared to 7.6% of
`
`adults and 7.5% of children nationwide.
`
`125. Rates of asthma are particularly high among children in low-income households: over
`
`18% of children in households earning less than $25,000 per year have asthma, according to
`
`Connecticut’s most recent data.
`
`
`
`15
`
`

`

`Case 3:22-cv-00454-SVN Document 1 Filed 03/28/22 Page 16 of 23
`
`126. New Haven is among the top twenty “asthma capitals” in the United States based on the
`
`prevalence of asthma, asthma-related emergency room visits, and deaths due to asthma.
`
`DEFENDANT’S VIOLATIONS OF THE CLEAN AIR ACT
`
`127. On the dates listed below in separate paragraphs, an investigator observed vehicles
`
`owned, operated, and/or managed by First Transit idling in excess of three minutes for the
`
`Idling
`Start Time
`
`Idling
`End
`Time
`
`Duration
`of Idling
`(mins)
`
`Excess
`Idling
`(min)
`
`9:24 AM
`
`9:29 AM 5 min
`
`9:37 AM
`
`9:55 AM
`
`10:03 AM
`
`10:36 AM
`
`11:25 AM
`
`7 min
`
`12 min
`
`9:45 AM 8 min
`10:02
`AM
`10:15
`AM
`10:40
`AM
`11:30
`AM
`
`4 min
`
`5 min
`
`9:16 AM
`
`9:20 AM 4 min
`
`2 min
`
`5 min
`
`4 min
`
`9 min
`
`1 min
`
`2 min
`
`1 min
`
`following amounts of time:
`
`Paragrap
`h Number Date
`
`127a.
`
`127b.
`
`127c.
`
`127d.
`
`127e.
`
`127f.
`
`127g.
`
`127h.
`
`127i.
`
`127j.
`
`127k.
`
`127l.
`
`11/19/2019
`
`11/19/2019
`
`11/19/2019
`
`11/19/2019
`
`11/19/2019
`
`11/19/2019
`
`11/21/2019
`
`9/29/2020
`
`9/29/2020
`
`9/29/2020
`
`9/29/2020
`
`9/29/2020
`
`127m.
`
`9/29/2020
`
`127n.
`
`127o.
`
`9/29/2020
`
`9/29/2020
`
`Location of
`Vehicle
`New Haven Go
`Bus Stop
`New Haven Go
`Bus Stop
`New Haven Go
`Bus Stop
`New Haven Go
`Bus Stop
`New Haven Go
`Bus Stop
`New Haven Go
`Bus Stop
`New Haven Go
`Bus Stop
`Wolcott Hill Park
`and Ride
`Wolcott Hill Park
`and Ride
`Wolcott Hill Park
`and Ride
`Wolcott Hill Park
`and Ride
`Wolcott Hill Park
`and Ride
`Wolcott Hill Park
`and Ride
`Wolcott Hill Park
`and Ride
`Wolcott Hill Park
`and Ride
`
`6:54 AM
`
`7:05 AM 11 min
`
`1 min
`
`7:03 AM
`
`7:08 AM 5 min
`
`2 min
`
`7:11 AM
`
`7:30 AM 19 min
`
`16 min
`
`7:20 AM
`
`7:34 AM 14 min
`
`11 min
`
`7:39 AM
`
`7:45 AM 6 min
`
`3 min
`
`7:50 AM
`
`8:05 AM 15 min
`
`12 min
`
`7:52 AM
`
`8:12 AM 15 min
`
`12 min
`
`8:16 AM
`
`8:25 AM 9 min
`
`6 min
`
`
`
`16
`
`

`

`Case 3:22-cv-00454-SVN Document 1 Filed 03/28/22 Page 17 of 23
`
`127p.
`
`127q.
`
`127r.
`
`127s.
`
`127t.
`
`127u.
`
`127v.
`
`9/29/2020
`
`10/14/2020
`
`10/14/2020
`
`10/14/2020
`
`10/14/2020
`
`10/14/2020
`
`10/14/2020
`
`8:24 AM
`
`8:34 AM 10 min
`
`7 min
`
`8:30 AM
`
`8:41 AM 11 min
`
`8 min
`
`8:49 AM
`
`9:09 AM 20 min
`
`17 min
`
`8:50 AM
`
`9:09 AM 19 min
`
`16 min
`
`9:09 AM
`
`9:25 AM 16 min
`
`13 min
`
`6:16 AM
`
`6:23 AM 7 min
`
`6:31 AM
`
`6:36 AM 5 min
`
`4 min
`
`2 min
`
`127w.
`
`10/14/2020
`
`6:52 AM
`
`7:09 AM 17 min
`
`14 min
`
`127x.
`
`127y.
`
`127z.
`
`10/14/2020
`
`10/14/2020
`
`10/14/2020
`
`10/14/2020
`
`7:18 AM
`
`7:29 AM 11 min
`
`8 min
`
`7:54 AM
`
`8:05 AM 11 min
`
`8 min
`
`9:26 PM
`
`10:39 PM
`
`14 min
`
`11 min
`
`9 min
`
`6 min
`
`Wolcott Hill Park
`and Ride
`Wolcott Hill Park
`and Ride
`Wolcott Hill Park
`and Ride
`Wolcott Hill Park
`and Ride
`Wolcott Hill Park
`and Ride
`Wolcott Hill Park
`and Ride
`Wolcott Hill Park
`and Ride
`Wolcott Hill Park
`and Ride
`Wolcott Hill Park
`and Ride
`Wolcott Hill Park
`and Ride
`Wolcott Hill Park
`and Ride
`Wolcott Hill Park
`and Ride
`New Haven Go
`Bus Stop
`New Haven Go
`Bus Stop
`New Haven Go
`Bus Stop
`Wolcott Hill Park
`and Ride
`Wolcott Hill Park
`and Ride
`Wolcott Hill Park
`and Ride
`Wolcott Hill Park
`and Ride
`Wolcott Hill Park
`and Ride
`Wolcott Hill Park
`and Ride
`Wolcott Hill Park
`and Ride
`New Haven Go
`Bus Stop
`
`127aa.
`
`127ab.
`
`127ac.
`
`127ad.
`
`127ae.
`
`127af.
`
`127ag.
`
`127ah.
`
`127ai.
`
`127aj.
`
`127ak.
`
`127al.
`
`
`
`10/14/2020
`
`10/14/2020
`
`10/14/2020
`
`10/15/2020
`
`10/15/2020
`
`10/15/2020
`
`10/15/2020
`
`10/15/2020
`
`10/15/2020
`
`10/15/2020
`
`10/15/2020
`
`9:40 PM
`10:48
`PM
`
`2:26 AM
`
`2:30 AM 4 min
`
`2:51 AM
`
`2:59 AM 8 min
`
`4:24 AM
`
`4:30 AM 6 min
`
`6:18 AM
`
`6:23 AM 5 min
`
`6:29 AM
`
`6:37 AM 8 min
`
`1 min
`
`5 min
`
`3 min
`
`2 min
`
`5 min
`
`7:52 AM
`
`8:05 AM 13 min
`
`10 min
`
`9:13 AM
`
`9:17 AM 4 min
`
`9:27 AM
`
`10:41 AM
`
`12:00 PM
`
`2:26 PM
`17
`
`9:35 AM 8 min
`10:47
`AM
`12:04
`PM
`
`4 min
`
`6 min
`
`2:30 PM
`
`4 min
`
`1 min
`
`5 min
`
`3 min
`
`1 min
`
`3 min
`
`

`

`Case 3:22-cv-00454-SVN Document 1 Filed 03/28/22 Page 18 of 23
`
`3:52 PM
`
`4:03 PM
`
`11 min
`
`8 min
`
`7:01 AM
`
`7:08 AM 7 min
`
`4 min
`
`7:52 AM
`
`8:27 AM 35 min
`
`32 min
`
`8:41 AM
`
`8:48 AM 7 min
`
`9:40 AM
`
`9:51 AM
`
`11:34 AM
`
`9:52 AM
`
`10:26 AM
`
`11:32 AM
`
`11 min
`
`12 min
`
`10 min
`
`9:45 AM 5 min
`10:02
`AM
`11:46
`AM
`10:02
`AM
`10:33
`AM
`11:45
`AM
`
`7 min
`
`13 min
`
`4 min
`
`2 min
`
`8 min
`
`9 min
`
`7 min
`
`4 min
`
`10 min
`
`127am.
`
`10/15/2020
`
`127an.
`
`127ao.
`
`127ap.
`
`127aq.
`
`127ar.
`
`127as.
`
`127at.
`
`127au.
`
`127av.
`
`10/18/2021
`
`10/18/2021
`
`10/18/2021
`
`10/18/2021
`
`10/18/2021
`
`10/18/2021
`
`10/20/2021
`
`10/20/2021
`
`10/20/2021
`
`127aw.
`
`10/20/2021
`
`127ax.
`
`11/8/2021
`
`127ay.
`
`11/8/2021
`
`127az.
`
`1/11/2022
`
`127ba.
`
`1/11/2022
`
`
`
`New Haven Go
`Bus Stop
`Wolcott Hill Park
`and Ride
`Wolcott Hill Park
`and Ride
`Wolcott Hill Park
`and Ride
`Wolcott Hill Park
`and Ride
`Wolcott Hill Park
`and Ride
`Wolcott Hill Park
`and Ride
`Wolcott Hill Park
`and Ride
`Wolcott Hill Park
`and Ride
`Wolcott Hill Park
`and Ride
`Wolcott Hill Park
`and Ride
`Yale School of
`Medicine Shuttle
`Stop
`Yale School of
`Medicine Shuttle
`Stop
`Yale School of
`Medicine Shuttle
`Stop
`Yale School of
`Medicine Shuttle
`Stop
`
`1:10 PM
`
`1:15 PM
`
`5 min
`
`2 min
`
`1:15 PM
`
`1:21 PM
`
`6 min
`
`3 min
`
`1:21 PM
`
`1:28 PM
`
`7 min
`
`4 min
`
`12:50 PM
`
`12:51 PM
`
`12:56
`PM
`
`12:56
`PM
`
`6 min
`
`3 min
`
`5 min
`
`5 min
`
`128. On information and belief, further