Sixth Circuit Rules that Clean Air Act Does Not Preempt State Tort Claims

- In a decision that may leave facilities open to private tort liability despite compliance with federal Clean Air Act (CAA) requirements, the U.S. Court of Appeals for the Sixth Circuit concluded that the CAA does not preempt state tort claims. See Merrick v. Diageo Americas Supply Inc., Case No. 14-6198 (6th Cir. Nov. 2, 2015).

The Sixth Circuit held that the states’ rights saving clause in the CAA “expressly preserves the state common law standards on which plaintiffs sue.” Id. at 6. The court also noted that its conclusion was consistent with the CAA’s legislative history, which “indicates that it was not Congress’s purpose to preempt state common law claims.” Id. at 8.