Eugene E. Dice published an “Expert Analysis” article in Law360 titled, "CAA Preemption Limits After 3rd Circ. Case." Dice's article covers the doctrine of preemption in private, common law actions for damages caused by air and water pollution. The article warns that current case law allows such actions and the potential liability that results, even when the air emissions or water discharges involved are permitted by and in compliance with their Clean Air Act and Clean Water Act permits. The article also suggests actions to prevent such liability.
Read the full article - "CAA Preemption Limits After 3rd Circ. Case" (Law360, June 30, 2014) Subscription required.