Clean Air Act Blocks Damage Claims In Pa. Power Plant Suit

Law360, New York (October 12, 2012, 10:47 PM EDT) -- A Pennsylvania federal judge on Friday dismissed a putative class action alleging GenOn Power Midwest LP released damaging toxic emissions from its coal-fired power plant, saying the Clean Air Act cannot be used to preserve federal or state nuisance and trespass claims.

U.S. District Judge Terrence F. McVerry held that finding GenOn and the Cheswick Generating Station, a 570-megawatt coal-fired electrical generating facility, liable for the allegations in plaintiff Kristie Bell’s complaint would undermine the authority of the CAA and cause him to weigh in on...
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