Firm partner Donald W. Fowler publishes article on Clean Air Act preemption of state nuisance claims.
publication | November 15, 2014
Partner Donald W. Fowler has published an important article with the Washington Legal Foundation. The article, entitled “Federal Clean Air Act Preemption of Public Nuisance Claims: The Case for Supreme Court Review,” examines the growing controversy regarding the use of nuisance lawsuits under state law to regulate air pollution at facilities operating in compliance with federal permits. The author argues that unless the U.S. Supreme Court determines that state nuisance suits are preempted, the practical and economic reliability of federal emission permits will be undermined and the regulated community will be plagued with uncertainties.
[Note: In 2015, The Burton Awards named Mr. Fowler as Distinguished Legal Writing Award winner for the article.]