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Article
PublicNuisance Rulings Undermine Clean Air Act Enforcement and Federal Preemption
Legal Backgrounder (2016)
  • Richard O. Faulk
Abstract
The battle over federal Clean Air Act (“CAA”) preemption continues to rage in the nation’s courts—and until the United States Supreme Court decides to review the issue, the answer will probably remain unresolved. Although a group of slightly older cases held that the CAA preempts state tort actions from proceeding — recent decisions have reached precisely the opposite conclusion. Importantly, however, the cases rejecting CAA preemption seem to have put the legal “cart before the horse” by bypassing Congress’ purposes to preclude a preemptive result.
Keywords
  • preemption,
  • Clean Air Act,
  • nuisance
Disciplines
Publication Date
Winter January 15, 2016
Citation Information
Richard O. Faulk. "PublicNuisance Rulings Undermine Clean Air Act Enforcement and Federal Preemption" Legal Backgrounder Vol. 31 Iss. 1 (2016) p. 1 - 4
Available at: http://works.bepress.com/richard_faulk/68/