Cities Eye Supreme Court Resolution Of Clean Air Disputes With Pentagon

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 and whether federal courts have jurisdiction over state and local claims under the air law, according to a Defense Department lawyer. DOD air attorney Lt. Col. Steve Willis told attendees of the National Defense Industrial Association's Joint Services Environmental Management Conference & Exposition...