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Preemption

Four Things You Need to Know About Courts’ Rejection of Clean Air Act Preemption of State Common-Law Claims

In two decisions released in November 2015, Merrick v. Diageo Americas Supply, Inc., and Little v. Louisville Gas & Electric Co., the U.S. Court of Appeals for the Sixth Circuit unambiguously held that the Clean...

What’s Old Is New Again: State Common- Law Tort Actions Elude Clean Air Act Preemption

It usually takes at least three to start a trend, but two recent appellate-level decisions suggest a new air pollution enforcement trend is in the making: Environmental plaintiffs may be able to avoid Clean Air Act (CAA) preemption by...

Hybridizing Federal and State Regulation of Clean Taxis Introduction

For years, attempts by states and localities to regulate vehicular emissions have been thwarted by the Supreme Court’s environmental preemption doctrine. These preemption cases emphasize textual, plain-meaning interpretations of the...