CITIES SAID TO EYE HIGH COURT TO SETTLE CIRCUIT SPLITS OVER DOD AIR SUITS

TAMPA -- Municipalities and local governments are exploring litigation that could be a vehicle for the Supreme Court to resolve splits among several federal appellate circuits over whether the Clean Air Act (CAA) waives sovereign immunity for punitive damages, which would allow them to sue federal agencies for air violations, according to a defense department lawyer. Cities also want to resolve the separate question of whether federal courts have jurisdiction over state and local claims under the air law, the...