On November 2, 2015, the Sixth Circuit held that the Clean Air Act does not preempt state law nuisance, trespass, and negligence claims.  Little, et al. v. Louisville Gas & Electric Co., PPL Corp., Case No. 14-6499 (Nov. 2, 2015); Merrick v. Diageo Americas Supply Inc., Case No. 14-6198 (Nov. 2, 2015).  In a class action lawsuit, the plaintiffs in Little v. LG&E alleged that dust from Louisville Gas and Electric Co.’s (LGE) Cane Run power plant contaminated their property and caused health problems.  Defendant LGE argued that the Clean Air Act (CAA) preempted the plaintiffs’ nuisance, trespass, and negligence claims.  LGE argued that the CAA preempts state common law air pollution claims because it gives the EPA the authority to set uniform air quality control standards across the country.  LGE further argued that the state common law claims conflict with the CAA’s methods for regulating emissions and that allowing those claims to proceed would disturb the balance among federal and state interests.  The district court disagreed.  LGE petitioned for interlocutory appeal and the district court certified the order for appeal.
Continue Reading Sixth Circuit Holds the CAA Does Not Preempt State Common Law Claims