Tag Archives: environmental

Kentucky Supreme Court Holds that Compliance with a Regulatory Air Permit Precludes Injunctive Relief for an Alleged Nuisance

By Donald J. Kelly and H. Carl Horneman

In a yet-to-be published Opinion rendered September 28, 2017, the Kentucky Supreme Court, in a matter of first impression, dealt with whether the Clean Air Act (CAA) preempts state common law tort claims for damages or injunctive relief where harm is alleged to result from air pollutant emissions authorized by a permit issued by a regulatory authority entrusted to carefully balance environmental and economic factors. In Brown-Forman Corporation and Heaven Hill Distilleries, Inc. v. George Miller, ___S.W.3d__ (2017), 2017 WL 4296968, Plaintiff seeks to certify a class action based upon the alleged accumulation of “whiskey fungus” on surfaces in proximity to Defendants’ alcoholic beverage production and warehousing operations. In addition to seeking class certification for alleged damages to both real and personal property, Plaintiffs brought claims based upon Continue reading Kentucky Supreme Court Holds that Compliance with a Regulatory Air Permit Precludes Injunctive Relief for an Alleged Nuisance

Max Bridges and George Seay to present at the 29th Annual Kentucky Professional Engineers in Mining Seminar

Max Bridges and George Seay, members of Wyatt’s Natural Resources & Environmental Service Team, will be presenting at the 29th Annual Kentucky Professional Engineers in Mining Seminar.  They will be speaking on the topic “Environmental Update Including the Stream Protection Rule, and what Constitutes Criminal Behavior Following the Don Blankenship Trial.”

Please click here to access the agenda and registration information.