How To Defend Air Pollution Torts After Bell V. Cheswick

Law360, New York (September 27, 2013, 12:04 PM EDT) -- On Aug. 20, the United States Court of Appeals for the Third Circuit caught many off guard by reversing a district court’s dismissal of state law tort claims against a coal-fired generating station in Springdale, Pa.[1] In Bell v. Cheswick Generating Station, the court of appeals held that the federal Clean Air Act does not preempt tort claims filed under the common law of Pennsylvania, the state in which the source is located.

The court’s reasoning closely followed the U.S. Supreme Court’s longstanding analysis of preemption...
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