• Dischargers Find No Harbor in the Clean Air Act from State Common Law Claims
  • January 27, 2016 | Author: Richard E. Stultz
  • Law Firm: Morris Polich & Purdy LLP - Los Angeles Office
  • On November 2, 2015, citing the Clean Air Act’s (“the Act”) “savings” clause, principles of federalism and analogizing with the Clean Water Act and its case law, the Sixth Circuit Court of Appeals found that the Act does not preempt claims based on a source state’s common law. See Merrick v Diageo Americas Supply, Inc. 2015 WL 6646818 (6th Cir. 2015). The Act does, however, preempt claims based on a nonsource state’s common law and it also displaces federal common law claims.