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Recent MBG Decision Upends Conventional Wisdom on Clean Air Act Preemption of Common Law Torts

Recent MBG Decision Upends Conventional Wisdom on Clean Air Act Preemption of Common Law Torts
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Two recent appellate-level decisions allowing state common law tort claims against an intrastate emitting source to avoid Clean Air Act (CAA) preemption have surprised many CAA litigators. The outcome in both Bell v. Cheswick and Freeman v. Grain Processing Corporation — as well as the Supreme Court’s recent denial of certiorari in both cases — was unexpected to many because the Supreme Court has held previously that the CAA preempts similar tort claims based on federal common law.

Matthew Morrison and Bryan Stockton, ``Recent Cases on Clean Air Act Preemption of Common Law Torts Upend Conventional Wisdom`` (JDSupra Business Advisor, 29 Jan. 2015)
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Courtney HudsonRecent MBG Decision Upends Conventional Wisdom on Clean Air Act Preemption of Common Law Torts