Merrick v. Diageo Americas Supply, Inc.

ELR Citation: 45 ELR 20209
No(s). 14-6198 (6th Cir. Nov 2, 2015)

The Sixth Circuit held that the CAA does not preempt property owners' state common-law tort claims against a whiskey distillery for excess ethanol emissions that allegedly caused "whiskey fungus" to grow on their properties. Below, the district court rejected the distillery's argument that the CAA p...