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...

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