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Expert Analysis

Comply With Your Air Permit And Be Sued Anyway

Law360, New York (August 29, 2013, 7:26 PM EDT) -- Comply with your air permit and be sued anyway. That is what the Third Circuit has just held in Kristie Bell et al. v. Cheswick Generating Station et al., No.12-4216(3d Cir. Aug. 20, 2013). In brief, the court held that the federal Clean Air Act does not preempt state common law property damage tort claims — even where the facility is in compliance with its air permit. The Third Circuit is the federal appeals court which covers Pennsylvania, New Jersey, Delaware and the U.S. Virgin Islands....

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