CAA Preemption Limits After 3rd Circ. Case

Law360, New York (June 30, 2014, 10:54 AM EDT) -- Recently, the U.S. Supreme Court refused[1] to hear an appeal of the Third Circuit’s decision in the case of Kristie Bell v. GenOn Power Midwest LP.[2] In that case, the Third Circuit ruled that the Clean Air Act did not preempt a common law cause of action for damages caused by air pollution from a coal-fired power plant. The plant in question had a valid Title V permit issued by Pennsylvania’s authorized permitting agency under the CAA.

The Supreme Court’s decision lets stand as the rule for the Third Circuit the principle that state common law actions for air pollution from...

Stay ahead of the curve

In the legal profession, information is the key to success. You have to know what’s happening with clients, competitors, practice areas, and industries. Law360 provides the intelligence you need to remain an expert and beat the competition.

  • Access to case data within articles (numbers, filings, courts, nature of suit, and more.)
  • Access to attached documents such as briefs, petitions, complaints, decisions, motions, etc.
  • Create custom alerts for specific article and case topics and so much more!


Hello! I'm Law360's automated support bot.

How can I help you today?

For example, you can type:
  • I forgot my password
  • I took a free trial but didn't get a verification email
  • How do I sign up for a newsletter?
Ask a question!