Bus exhaust can contribute to a host of illnesses. Photo: Shutterstock
When biking to the office on nice days, I often find myself stuck behind buses blowing diesel fumes in my face. When that air hits my lungs, I know instinctively that I do not want to be breathing this. But whether you’re trapped behind a bus on a bike or walking on a sidewalk when a bus pulls up, if you live in Boston, you’ve probably experienced the hot, thick exhaust of an idling bus.
Wherever you live, tailpipe exhaust affects your air quality. And breathing these fumes puts you at greater risk of developing health problems. It is important to enforce existing Massachusetts, Connecticut, and Rhode Island laws requiring bus companies to shut down their dirty engines when buses aren’t moving. It’s an easy win that would help cut back on all the noxious air on our streets while making a real difference for our health.
While fighting to prevent this illegal idling, CLF recently won a legal victory that strengthens the ability of citizens like you and me to sue corporations when they hurt the environment and the people who live in it.
CLF Strengthens Citizens’ Ability to Take on Polluters
My smelly commuting experience is far from unique. Across New England, countless people – particularly those in lower-income communities and communities of color – live, work, and play in areas where they are regularly exposed to harmful air pollution. Yet for years, courts have set high barriers for people and advocacy groups seeking to hold polluters accountable.
The laws dictating who can sue polluters matters. If breathing polluted air hurts real people in real ways, shouldn’t the law recognize that harm? That question was at the heart of Conservation Law Foundation v. Academy Express, a recent case that will shape the future of environmental enforcement.
CLF took Academy Express to court for violating air pollution laws against letting buses idle, but before the case could proceed, the court had to decide a critical issue: Did CLF’s members – people just like me – have the legal right to bring this lawsuit? The First Circuit’s ruling didn’t just answer “yes.” It reaffirmed the power of citizen enforcement to protect public health.
What is Standing, and Why Does It Matter?
To bring a lawsuit against a polluter, groups like CLF must have standing – or a legal stake in the case’s outcome. To have standing, you must show that: (1) the pollution has harmed you in a real and personal way; (2) the pollution is linked to the polluter’s actions, and (3) the lawsuit could resolve the harm.
Despite the evidence CLF presented on the impacts of air pollution, CLF’s initial lawsuit was dismissed, with the judge ruling its members were not harmed enough by the pollution to have legal standing. The court set an unreasonably high bar, requiring proof that pollution had directly worsened the member’s health or that they had completely stopped outdoor activities due to air quality.
We weren’t ready to give up on our members’ right to clean air. This decision ignored legal precedent that said our members had the right to bring this fight. We appealed to the next highest court, the First Circuit – and they agreed with us.
The First Circuit ruled that breathing polluted air and smelling unpleasant odors – such as diesel exhaust from idling buses – are real, concrete harms under the law. They also found that avoiding or enjoying outdoor activities less due to pollution counts as a legal injury. CLF’s members reported that biking and walking outdoors was a lot less pleasant due to the foul-smelling pollution from Academy’s idling buses.
The First Circuit held that CLF members did not have to prove they had developed specific illnesses due to the pollution. This would be an impossibly high bar to clear, kneecapping everyone’s ability to sue polluters. Instead, members only needed to show that they had legitimate concerns about how the pollution might be affecting their health.
Finally, the First Circuit held that polluters cannot avoid accountability simply by pointing to other sources of pollution. In a city like Boston, there are many sources of air pollution that can hurt people’s health. The First Circuit ruled that for CLF to establish standing, it only needed to show that Academy’s illegal idling contributed to the pollution harming its members – not that Academy was the sole or primary cause.
What This Means for Environmental Justice Communities and Citizen Organizations
The CLF v. Academy decision is a major victory for environmental enforcement, particularly for communities across New England saddled with polluting infrastructure. The First Circuit’s decision makes it easier for organizations like CLF to sue polluters.
Many low-income and historically marginalized communities are located near highways, bus depots, and industrial facilities and suffer from disproportionately high levels of pollution. These communities often experience higher rates of diseases linked to poor air quality, such as asthma and other respiratory illnesses.
While government agencies are responsible for enforcing these laws, political pressures, budget limitations, and competing priorities can prevent them from taking action. When regulators fail to step in, citizen groups can demand compliance and protect public health. With debilitating cuts to EPA and other federal enforcement agencies under the current administration, groups like CLF will be evermore important to fill the gaps and enforce the law.
What Does CLF v. Academy Mean for New Englanders?
CLF v. Academy is more than just a court ruling – it’s a validation of lived experience. My experience biking by idling buses in Boston is just one of many ways that air pollution impacts the health and happiness of Bostonians. The First Circuit’s decision confirms that breathing polluted air is a real harm and reinforces the right of citizen organizations and their members to hold polluters accountable. With our members’ rights firmly established, CLF’s lawsuit to hold Academy Express accountable is currently scheduled to go to trial in October.
With the Clean Air Act and federal environmental agencies under attack, this ruling ensures that CLF and other environmental groups can continue enforcing air quality laws, protecting environmental justice communities, and fighting for cleaner air across New England.
Carly Morris and Andrew Hayden were interns in CLF’s Clean Air and Water program this year.
