By Andrew H. Perellis and Craig B. Simonsen

The Third Circuit Court of Appeals yesterday resuscitated a proposed class action alleging the release of toxic emissions from a coal-fired power plant, finding that the Clean Air Act does not preempt certain state law claims brought by property owners. Bell, et al., v. Cheswick Generating Station, No. 12-4216 (3rd Cir.
Continue Reading Third Circuit Holds That Clean Air Act Does Not Preempt State Tort Claims

By Brent I. Clark, Meagan Newman, and Craig B. Simonsen

The Second Circuit Court of Appeals has analyzed the effect of “dual impact” regulations, and found that an exception will save city regulations from preemption if they are of general applicability. Steel Institute of New York v. City of New York, __ F.3d __, No. 12-276 (2nd Cir.
Continue Reading Second Circuit Holds that City Regulation Not Preempted by OSHA