ELR Citation: ELR 20459
No(s). 79-514 (D.N.J. Feb 11, 1982)

The court rules that the Clean Air Act preempts the federal common law of nuisance as it applies to air pollution emanating from a hazardous waste disposal site. The court first notes that the federal common law of nuisance is supplanted where Congress speaks directly to a question. Although the Cle...