3rd Circ. Says CAA Doesn't Preempt State Pollution Claims

Law360, New York (August 20, 2013, 5:51 PM EDT) -- The Third Circuit on Tuesday revived a proposed class action alleging GenOn Power Midwest LP released damaging toxic emissions from a Pennsylvania coal-fired power plant, finding that the Clean Air Act does not preempt certain state law claims brought by property owners.

Plaintiff Kristie Bell alleged in April 2012 that GenOn’s operation, maintenance, control and use of the Cheswick Generating Station in Springdale, Pa., caused property damage, the inhalation of odors and the deposit of coal dust. The case was removed to federal district court later...
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