On August 20, the Third Circuit U.S. Court of Appeals reversed a ruling by the U.S. District Court for the Western District of Pennsylvania that had dismissed a private tort lawsuit against a coal-fired power plant, alleging state tort law claims in negligence, nuisance and trespass.  The Third Circuit held that under a 1987 U.S. Supreme Court case, International Paper Co. v. Oullette, allowing private tort suits against facilities holding Clean Water Act permits, such suits against facilities holding Clean Air Act permits are not preempted by the Clean Air Act.  The court distinguished the 2011 Supreme Court case of… Read more