The Ninth Circuit affirmed the dismissal of oil and trucking industry groups' challenge to Oregon's Clean Fuels Program, which regulates production and sale of transportation fuels based…

The Sixth Circuit held that the CAA does not preempt property owners' state common-law tort claims against a whiskey distillery for excess ethanol emissions that allegedly caused "…

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…

A district court held that a group of residents may go forward with their state tort law claims against a Kentucky power plant. The residents alleged that the plant emits dust and coal ash into…

A district court held that the CAA does not preempt landowners' state common-law tort claims against a whiskey distillery for property damage. The landowners alleged that emissions from the…

The Third Circuit held that the CAA does not preempt state law tort claims brought by private property owners against a source of pollution located within the state. The case arose after a group…

The Fifth Circuit held that the CAA does not preempt a local ordinance that allows taxicabs certified to run on compressed natural gas (CNG) to cut ahead of gasoline-powered taxis in the queue for…

A California appellate court affirmed a lower court decision dismissing a petition challenging an air district's abatement order directing the owners of an open-pit mining operation to…

The Ninth Circuit held that the CAA does not preempt a local air district's adoption and enforcement of rules regulating air emissions from diesel-powered engines. CAA §209(e) expressly…

The Ninth Circuit held that the CAA does not preempt a California air pollution district rule requiring development sites to reduce the amount of pollutants they emit. CAA §209(e)(1) only…