• Kentucky Federal Court Allows State Common Law Claims
  • March 18, 2015 | Author: Christopher G. Foster
  • Law Firm: Morris Polich & Purdy LLP - Los Angeles Office
  • The U.S. District Court for the Western District of Kentucky has held that state common law claims for nuisance, trespass, and negligence are not preempted by the federal Clean Air Act (CAA). In Little v. Louisville Gas & Electric Co., (Case No. 3:13-CV-01214-JHM), plaintiffs, a group of neighbors of LG&E’s Cane Run coal-fired power plant, alleged claims against LG&E under the CAA, the Resource Conversation and Recovery Act (RCRA) and state common law based on the plant’s emission of dust and coal ash into the air and onto their homes. The Little decision appears to further a split among the Circuits on CAA preemption and puts the issue on a path to Supreme Court resolution.