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· 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 CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.