Bell v. Cheswick: The Era of Court-Regulated Power Plants

Abstract

Bell v. Cheswick was a 2012 class action suit brought against GenOn Power Midwest, L.P. in the U.S. District Court for the Western District of Pennsylvania. Property owners in Springdale, Pennsylvania alleged that GenOn’s local generating station’s emissions caused tortious pollution that affected their homes and property. The district court found for the defendant. The case was appealed to the Third Circuit, which reversed and held for the plaintiffs. Specifically, it ruled that the Clean Air Act does not preempt state law tort claims brought by private property owners against a source of pollution located within the state. This Note compares and contrasts the cases that laid the foundation for the Third Circuit’s holding. Previous similar claims have failed and succeeded in ways that created a template to avoid preemption and bring a successful nuisance action. The Springdale residents’ tort claims against the local generating station successfully followed that template and creates a guide for future plaintiffs. This Note outlines that guide, and argues state common law tort claims are an essential means of controlling local pollution that the statutory framework of the Environmental Protection Agency often fails to address.