Litigating the Clean Air Act: Preemption of State Emissions Torts

An emerging area of litigation addressing whether the federal Clean Air Act preempts state tort claims is raising issues in recent lawsuits filed against stationary sources of emissions. In the cases, judges are considering whether amorphous common-law standards conflict with the highly prescriptive, technical regulations promulgated by the Environmental Protection Agency and state regulators charged with implementing the CAA.

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