Yesterday the Third Circuit released its decision in Bell v. Cheswick. In this case, a putative class of 1,500 property owners sued GenOn, claiming that fly ash and unburned coal combustion by-products from its 570-megawatt Springdale plant settled on and devalued their properties. The federal district court for the Western District of Pennsylvania held that such state common law nuisance, trespass, and negligence claims were preempted by the Clean Air Act (CAA), which extensively regulated air emissions from the plant. In reversing, the Third Circuit held the CAA, while it regulated the plant extensively, did not preempt nuisance, negligence, and trespass claims.
The decision is available here: Bell v. Cheswick.