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Legal Alert: U.S. Supreme Court Holds Clean Air Act Preempts Federal Common Law

06/24/2011

On June 20, 2011, the United States Supreme Court decided American Electric Power Co., Inc. v. Connecticut, holding that the Clean Air Act (“CAA”) preempts the operation of federal common law. However, this case is more notable for the issues it did not decide: whether plaintiffs have Article III standing to sue air polluters to obtain emissions caps and whether adjudication of these claims is barred by the political question doctrine.

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