J. Wylie Donald

J. Wylie Donald

McCarter & English, LLP

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Latest Posts › Preemption


Contrary Legal Winds At Cape Wind - Opponents Of Offshore Wind Sue Asserting Preemption

Would you care to hazard a guess at how long it takes to bring online an offshore wind farm in the United States? At the moment, it is 12+ years and counting. A recent court filing arguing constitutional questions is...more

2/10/2014 - Environmental Claims Preemption Wind Power

Whatever Happened To State Law Carbon Dioxide Liability Claims? Still No Music After Bell

“Therefore, the Court declines to assert supplemental jurisdiction over the remaining state law claims which are dismissed without prejudice to their presentation in a state court action.” So ends the last analytical...more

10/28/2013 - Carbon Emissions Clean Air Act Environmental Claims Environmental Policies Preemption

Western Pa.'s Take On Carbon Dioxide Liability Claims

Originally published in Law360 on December 17, 2012. Left open by the U.S. Supreme Court’s decision in American Electric Power Co. v. Connecticut, 131 S. Ct. 2527 (2011), was the question of whether state law nuisance...more

12/20/2012 - Clean Air Act Greenhouse Gas Emissions Injunctions Nuisance Preemption

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