Mealey's Toxic Tort/Environmental - Judge Allows Distillery To Appeal Whether Clean Air Act Preempts Claims

Mealey's Toxic Tort/Environmental - Judge Allows Distillery To Appeal Whether Clean Air Act Preempts Claims

LOUISVILLE - A federal judge in Kentucky on June 12 granted a whiskey distillery's request for an interlocutory appeal of a portion of a March 19 ruling that held that the Clean Air Act (CAA) does not bar a putative class's state law tort claims arising from the company's emissions, finding that a determination on the preemption issue could materially advance the termination of the litigation (Bruce Merrick, et al. v. Diageo Americas Supply Inc., No. 12-CV-00334-CRS, W.D. Ky.; 2014 U.S. Dist. LEXIS 79984).

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