Nuisance Preemption

News & Analysis as of

Ninth Circuit Finds State Trespass and Nuisance Laws Not Preempted by Secondary Boycott Law

In a recent decision involving the interplay between California law and federal labor law, the U.S. Court of Appeals for the Ninth Circuit ruled that state trespass and nuisance laws are not preempted by the federal secondary...more

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

State Common Law Carbon Dioxide Liability Claims: Premonitions of Preemption (and Dismissal)

Left open by the Supreme Court’s decision in American Electric Power Co. v. Connecticut, 131 S. Ct. 2527 (2011), was the question of whether state law nuisance claims for the emission of carbon dioxide were viable in the...more

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