state common law
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...
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...
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