The settlement requires the school bus company to stop unlawful excessive idling. Photo: Oliver Foerstner via Shutterstock
September 3, 2024 (Boston, MA) – Conservation Law Foundation (CLF) and Durham School Services, along with its parent company National Express, have settled a lawsuit over Clean Air Act violations in environmental justice neighborhoods in Holyoke and Worcester. The settlement requires the school bus company to pay more than $1.4 million and stop unlawful excessive idling.
“There is a reason why Massachusetts has laws prohibiting excessive idling—tailpipe pollution poses serious risks to the health of our communities and the environment,” said Chelsea Kendall, CLF staff attorney. “But for laws to be effective, the companies that violate them must be held accountable. This settlement will result in cleaner air for families in Holyoke and Worcester.”
The settlement outlines several actions to be taken by Durham. In addition to revisions to its anti-idling policy, improved training, and spending $1 million on its transition to electric vehicles, the company will pay $290,000 to Neighbor to Neighbor Massachusetts and Nuestras Raíces to promote electrification and retrofit projects in Worcester triple-deckers and fund new community gardens, urban green spaces, and greenhouses in Holyoke.
“Our communities deserve access to energy-efficient technologies that protect the air we breathe without fearing displacement,” said Dálida Rocha, Executive Director of Neighbor to Neighbor Massachusetts. “The funding from this settlement will enable us to support equitable upgrades for our communities, ensuring that renters can stay in their homes while safeguarding our air quality and climate.”
“These funds will allow us to secure vital community gardening infrastructure for our community to produce food and reduce the levels of emissions impacting our neighborhoods,” said Hilda Roque, Executive Director for Nuestras Raíces. “The funds will also strengthen the season extension capacity of our 30-acre urban farm while lowering the carbon footprint through a community food waste diversion program.”
Idling vehicles emit harmful exhaust containing particulate matter and toxins, which accumulate in the surrounding air. Breathing in this pollution can damage the lungs, worsen conditions such as asthma and bronchitis, and is associated with reduced cognitive function, higher rates of heart disease, various cancers, premature death, and increased mortality risk from COVID-19. Children are particularly vulnerable to the effects of air pollution—their lungs are still developing and they breathe faster than adults, resulting in higher exposure. Reducing exposure to diesel exhaust for schoolchildren significantly improves school attendance, helping students succeed in the classroom.
The lawsuit was part of CLF’s anti-idling campaign. Since 2019, CLF has filed nine cases in Connecticut and Massachusetts against transportation companies in violation of anti-idling laws.
CLF experts are available for further comment.
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