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Expert Analysis

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....

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