Held preempted

A district court held that the CAA preempts individuals' tort law action against a coal-fired power plant for property damage stemming from the plant's air emissions. In essence, the…

A district court held that the CAA preempts a city transit employee's negligence and strict liability claims against a company for injuries stemming from diesel exhaust fumes. The…

A district court dismissed a county's lawsuit against a railroad company for allowing its locomotive engines to idle in violation of state air pollution law. This case involves railcars, the…

The Ninth Circuit upheld an injunction enjoining the California Air Resources Board from enforcing state regulations that limit emissions from the auxiliary diesel engines of ocean-going vessels…

The Ninth Circuit affirmed a lower court decision that the Clean Air Act (CAA) does not preempt certain provisions of local "fleet rules" requiring operators to meet specified emission…

The U.S. Supreme Court held that certain aspects of local fleet rules do not escape preemption under CAA §209(a) simply because they address the purchase of vehicles rather than their…

The court affirms a district court decision that New York Air Pollution Mitigation Law §66-k is preempted by the Clean Air Act (CAA) Title IV cap-and-trade system and violates the…

The court holds that the New York Air Pollution Mitigation Law is preempted by the Clean Air Act (CAA) and violates the U.S. Commerce Clause. Under Air Pollution Mitigation Law §66-k, an electric…