The appeals court decision sets strong precedent for environmental groups protecting communities from air pollution.
February 21, 2025 (Boston, MA) – Conservation Law Foundation (CLF) has won a 1st U.S. Circuit Court of Appeals decision in a lawsuit against Academy Express regarding the bus company’s unlawful tailpipe emissions. Academy provides shuttle services throughout Greater Boston, and its vehicles have been observed repeatedly idling beyond the legal limit pumping exhaust pollution into nearby neighborhoods.
“Every year, vehicle emissions are linked to thousands of deaths in the Northeast,” said Heather Govern, CLF’s Vice President for Clean Air and Water. “Large bus companies must be held accountable for ignoring idling laws designed to limit toxic emissions and protect public health. CLF filed this appeal to continue the fight for cleaner air in our communities.”
Vehicle emissions can cause lung damage, aggravate conditions like asthma and bronchitis, and has been linked to increased incidence of heart disease, multiple kinds of cancer, and premature death. Children are particularly susceptible to these harms.
Academy Express operates shuttle buses for Boston University and provides long-distance and shuttle bus service throughout New England, with stops in Boston, Newton, and Cambridge, and bus lots in Braintree, Massachusetts, and Bridgeport, Connecticut. CLF observed Academy vehicles frequently idling for prolonged periods in densely populated residential areas, including locations near schools and parks.
The appeals court decision reverses a ruling in U.S. District Court in which the judge said CLF did not have standing to bring the lawsuit and established unreachable standards for proving damage to health. The appeal decision said that breathing polluted air, enjoying recreation less, and fear of health damage are all grounds to continue the lawsuit against Academy Express.
This decision sets strong precedent for environmental groups protecting communities from air pollution. CLF sued Academy Express in January 2020 for illegal idling that has been choking neighborhoods with harmful exhaust pollution. The appeals court stood by decades of precedent, declining to adopt a stricter standard for groups that enforce environmental laws. Academy Express is a bus company that operates throughout New England and along the entire East Coast. CLF has documented more than 140 instances where Academy buses have violated legal limits on idling in Massachusetts and Connecticut, threatening the health of residents.
Read the full decision here.
CLF experts are available for further comment.
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