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Clean Air Act Property Damage

Mitchell, Williams, Selig, Gates & Woodyard,...

Price Anderson Act/Damage Claims: Federal Court Addresses Preemption Scope

The United States District Court for the Southern District of Illinois (“Court”) addressed in a June 29th Memorandum and Order (“Order”) certain issues arising out of a class action alleging a plant operating in Metropolis,...more

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Iowa Trial Court Certifies Class of 4,000 Residents in Corn Mill Nuisance Suit

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In a victory for toxic tort class action plaintiffs, an Iowa trial court certified a class covering approximately 4,000 residents who alleged property damages due to air emissions from a nearby corn milling plant. See...more

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

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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

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