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Bell v. Cheswick Generating Station

ELR Citation: 42 ELR 20221
Nos. 2:12-cv-929, (W.D. Pa., 10/12/2012)

A district court held that the CAA preempts individuals' tort law action against a coal-fired power plant for property damage stemming from the plant's air emissions. In essence, the individuals' complaint attacks the plant's air emissions and asks the court to regulate them. But the CAA provides a comprehensive statutory and regulatory scheme that establishes the standards with which the plant must abide. The individuals' claims, therefore, impermissibly encroach on and interfere with the CAA's regulatory scheme. And the CAA's savings clause does not alter this analysis. The CAA already provides a means to seek limits on emissions, and allowing the common law claims to go forward would be inconsistent with the dictates of the Act.