6th Circuit Weighs Scope Of State 'Nuisance' Claims Under Clean Air Act

Federal appellate judges are weighing the scope of state "nuisance" suits over air pollution that courts can allow under the Clean Air Act, raising questions at recent oral arguments over the extent such cases are barred by the air law's "savings clause" that preserves states' rights to regulate pollution sources covered by federal permits. Whatever the three-judge panel of the U.S. Court of Appeals for the 6th Circuit decides will determine whether Kentucky residents are successful in their pending suit...