Judge dismisses lawsuit tied to fires at U.S. Steel's Clairton Coke Works

A federal judge has dismissed a lawsuit filed by two environmental groups against U.S. Steel over alleged Clean Air Act violations at U.S. Steel’s Clairton Coke Works.

The suit was filed last year after fires on Dec. 24, 2018 and June 16, 2019.

U.S. District Judge Marilyn Horan sided with U.S. Steel. She ruled the company is regulated by a permit filed under the Clean Air Act.

Emissions caused by the fires weren’t required to be reported to the National Reporting Center under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), the judge said.

“The Clean Air Council’s claim was based on a faulty legal premise, and as such, there are no facts the Clean Air Council can allege to overcome its failure to state a claim for which relief may be granted,” Horan wrote in an opinion posted last week.

The ruling means the case is considered closed, the judge wrote.

U.S. Steel “made the appropriate notifications under the law,” company spokeswoman Amanda Malkowski said in a statement.

“Environmental stewardship is a core value at U. S. Steel,” Malkowski said. “We respect the Court’s ruling.”

The environmental groups that filed the lawsuit, the Clean Air Council and Environmental Integrity Project, haven’t decided whether they will appeal.

“We are disappointed in the decision and are reviewing our options,” Lisa Widawsky Hallowell, senior attorney for the Environmental Integrity Project, said in a statement.