Court of Appeals for the Second Circuit June 4, 2004, Docket No. 02-9500 (Weiler v. Chatham Forest Products, Inc.)

MESKILL, Circuit Judge.1

Appeal from the judgment of the United States District Court for the Northern *534District of New York, Scullin, /., dismissing the case for failure to state a cause of action under the Clean Air Act.

Reversed and remanded.

This appeal requires us to consider whether section 304(a)(3) of the Clean Air Act, 42 U.S.C.