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Clean Air Act Preemption Power Plants

Beveridge & Diamond PC

Kentucky Federal Court Holds Tort Claims Not Preempted by Clean Air Act

Beveridge & Diamond PC on

State common law tort claims based on air emissions from a power plant are not preempted by the federal Clean Air Act (CAA), according to the U.S. District Court for the Western District of Kentucky. The court agreed to...more

Cozen O'Connor

Third Circuit Holds “Source State” Common Law Tort Claims Not Preempted by Federal Clean Air Act

Cozen O'Connor on

In an opinion filed on Tuesday, August 20, 2013, the U.S. Court of Appeals for the 3rd Circuit held that the federal Clean Air Act (CAA) does not preempt common law tort claims grounded in state law and brought against a...more

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