6th Circuit: Clean Air Act Does Not Preempt State Law Nuisance Claims

Mealey's (November 5, 2015, 9:26 AM EST) -- CINCINNATI — A Sixth Circuit U.S. Court of Appeals panel on Nov. 2 affirmed a federal judge in Kentucky’s ruling that a lawsuit brought by nearby residents accusing a whiskey distilling facility of violating the Clean Air Act (CAA) is not preempted by the statute, holding that the language of a citizen suit savings clause in the act allows for such lawsuits (Bruce Merrick, et al. v. Diageo Americas Supply Inc., No. 14-6198, 6th Cir.; 2015 U.S. App. LEXIS 19096).

(Opinion available. Document #08-151106-028Z.)

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