· 8/20/2013
Kristie Bell v. Cheswick Generating Station Ge
Citations
- 734 F.3d 188
- 43 Envtl. L. Rep. (Envtl. Law Inst.) 20195
- 2013 WL 4418637
- 77 ERC (BNA) 1395
- 2013 U.S. App. LEXIS 17283
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that “once a SIP is approved, its requirements become federal law and are fully enforceable in federal court” (internal quotation marks and citation omitted)
- holding that there 5 is “no meaningful distinction between the [savings clauses found in the] Clean 6 Water Act and the Clean Air Act”
- noting that approved SIPs are federal law and may be enforced in federal court under CAA citizen suit provision
- allowing private property owners’ claims for nuisance, negligence, and trespass based on facility’s flying ash and unburned by-products to go forward
- describing the similarities between the CWA and CAA and applying Ouellette 's holding in the CAA context
- finding \no meaningful difference between the [CWA] and the [CAA] for the purposes of [a] preemption analysis\
Source: CourtListener parenthetical corpus (CC0).
Judges: Fuentes, Fisher, Chagares
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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