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Preemption

American Fuel & Petrochemical Manufacturers v. O'Keeffe

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 on greenhouse gas emissions. The groups argued...

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...

Merrick v. Diageo Americas Supply, Inc.

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 "whiskey fungus" to grow on their properties. Below, the...

Little v. Louisville Gas & Electric Co.

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...

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...

Little v. Louisville Gas & Electric Co.

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 the air and onto their homes and...

Merrick v. Diageo Americas Supply, Inc.

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 distillery caused "whisky fungus" to grow on...

Bell v. Cheswick Generating Station

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 of 1,500 residents who live within one...

Ass'n of Taxicab Operators USA v. City of Dallas

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 picking up passengers at Love Field...

Bell v. Cheswick Generating Station

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...