Left open by the U.S. Supreme Court’s decision in American Electric Power Co. v. Connecticut, 131 S. Ct. 2527 (2011), was the question of whether state law nuisance claims for the emission of carbon dioxide were viable in the face of the Clean Air Act. That question continued to be answered in the negative with the decision of the U.S. District Court for the Western District of Pennsylvania last month in Bell v. Cheswick Generating Station, GenOn Power Midwest L.P. (W.D. Penn. Oct. 12, 2012), which was appealed to the Third Circuit the Friday before Thanksgiving.
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