DENVER — The Colorado Supreme Court upheld the lower court’s decision to deny fossil fuels companies’ effort to dismiss Boulder County’s nuisance and trespass claims against them. The Clean Air Act does not contain an express preemption provision preventing local governments from filing tort claims. The claims do not involve “uniquely federal areas of regulation” or attempt to implement foreign policy issues related to air pollution, so they may proceed under state law.
Read the ruling here.
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