Jump to Navigation
Jump to Content

Little v. Louisville Gas & Electric Co.

ELR Citation: 45 ELR 20210
Nos. 14-6499, (6th Cir., 11/02/2015)

The Sixth Circuit held that the CAA does not preempt property owners' state common law tort claims against a nearby power plant for allowing ash, dust, and coal combustion by-products to blow onto their properties. The owners brought RCRA and CAA claims against the power plant in addition to their state common-law tort claims. The district court dismissed all of the federal law claims except the claim that plant was being operated without a valid CAA permit. It also rejected the plant's argument that the CAA preempted the owners' state common-law claims. The plant then filed the instant interlocutory appeal on the preemption issue. But for the same reasons set forth in Merrick v. Diageo Americas Supply, Inc., the court held that the CAA does not preempt plaintiffs' state common-law claims.