Third Circuit Rules State Law Tort Claims Not Preempted by Federal Clean Air Act

August 21, 2013
Diana A. Silva
MGKF Litigation Blog

Yesterday, a three-judge panel of the Third Circuit issued a unanimous precedential opinion in Bell v. Cheswick Generating Station, No. 12-4216 (3d Cir. Aug. 20, 2013), holding that the federal Clean Air Act (“CAA”) does not preempt state common law tort claims.  In doing so, the Court reversed the Western District’s dismissal of the Complaint, and remanded the case for further proceedings. Read the full blog post found at the MGKF Litigation blog.