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- Title
Third Circuit Rejects Preemption under CAA, and Opens Door to Common Law Tort Claims.
- Authors
Boone, Walter H.; Fowler, Haley A.
- Abstract
The article reports that the U.S court of appeals for the Sixth Circuit has rejected preemption under Clean Air Act (CAA) and decided to consider common law tort claims with reference to the court case Bell v. Cheswick Generating Station. Topics discussed include federalism and mechanics of the CAA, preemption of state law by federal law and government policy in the court case. Other topics include Fourth and Sixth Circuits followed by Cheswick court and common law nuisance rules.
- Subjects
UNITED States. Court of Appeals (6th Circuit); CLEAN Air Act Amendments of 1977 (U.S.); ACTIONS &; defenses (Law); LEGAL claims; EXCLUSIVE &; concurrent legislative powers; GOVERNMENT policy; NOISE control laws
- Publication
Defense Counsel Journal, 2014, Vol 81, Issue 1, p91
- ISSN
0895-0016
- Publication type
Article