Flint SDWA Suits Open Door To Justices Clarifying Statutory Preemption Test

March 15, 2018
The Supreme Court justices are poised to decide whether to take up a set of cases stemming from the Flint, MI, water crisis that are seeking clarity on whether the Safe Drinking Water Act (SDWA) precludes a civil rights tort claim, with petitioners arguing the cases could also allow the court to clarify a broader judicial test for when other statutes preempt such claims. The justices are scheduled to consider three petitions for writs of certiorari at their March...


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