Merrick v. Diageo Ams. Supply, Inc.

摘要

Property owners' Kentucky common law nuisance and negligence claims against whiskey distillery for damage from fungus caused by ethanol emissions from distillery are not preempted by Clean Air Act, because: (1) states' rights savings clause of act expressly preserves any state requirements respecting control or abatement of air pollution, and (2) phrase "any requirements" clearly encompasses state common law standards addressing emissions.