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State Common-Law Tort Actions Elude Clean Air Act Preemption

State Common-Law Tort Actions Elude Clean Air Act Preemption
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“It usually takes at least three to start a trend, but two recent appellate-level decisions suggest a new air pollution enforcement trend is in the making: Environmental plaintiffs may be able to avoid Clean Air Act (CAA)1 preemption by bringing state common-law tort claims against an intrastate emitting source. The plaintiffs in both Bell v. Cheswick and Freeman v. Grain Processing Corp. successfully convinced the U.S. Court of Appeals for the Third Circuit and the Iowa Supreme Court, respectively, that the CAA did not preempt their tort claims based on state common law.”

Matthew Morrison and Bryan Stockton ``What's Old is New Again: State Common-Law Tort Actions Elude Clean Air Act Preemption`` (Environmental Law Reporter, 45 ELR 10282, Issue 4, April 2015)
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Courtney HudsonState Common-Law Tort Actions Elude Clean Air Act Preemption