Court Dismisses 2 Tonawanda Coke Complaints for Lack of Subject Matter Jurisdiction

BUFFALO, N.Y. -- Two benzene complaints involving exposure to emissions from a nearby coke facility have been dismissed by a federal court that determined sua sponte that it lacked subject matter jurisdiction over the claims. Jones v. Tonawanda Coke Corp., et al., No. 11-00268; Porter v. Tonawanda Coke Corp., et al., No. 11-00814 (W.D. N.Y.).

In the Jan. 7 opinion, the U.S. District Court for the Southern District of New York found that even a liberal reading of the complaints did not create "a substantial question of federal law."

Both plaintiffs, appearing before the court pro se, claim that …