Merrick v. Diageo Americas Supply, Inc.

ELR Citation: 44 ELR 20078
No(s). 3:12-CV-334 (W.D. Ky. Mar 19, 2014) (Simpson, J.)

A district court held that the CAA does not preempt landowners' state common-law tort claims against a whiskey distillery for property damage. The landowners alleged that emissions from the distillery caused "whisky fungus" to grow on their property. The distillery filed a motion to dismiss, arguing...