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U.S. Court of Appeals for the Ninth Circuit

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Ninth Circuit holds that Clean Air Act (CAA) expressly preempts state tort claims arising from aircraft emissions near the Seattle-Tacoma Airport

September 23, 2026

Opinion

U.S. Chamber files amicus brief urging Ninth Circuit to reverse district court order refusing to dismiss putative class’s state tort claims arising out of airplane emissions around the Seattle-Tacoma Airport

August 15, 2025

As the brief explains, the claims are expressly preempted by both the Airline Deregulation Act and the Clean Air Act.

J. Stephen Barrick of Hicks Thomas LLP served as outside counsel.

Ninth Circuit grants petition for interlocutory appeal of denial of motion to dismiss a putative class’s state tort claims arising out of airplane emissions around the Seattle-Tacoma Airport, even though such claims are preempted under the Clean Air Act and Airline Deregulation Act

May 01, 2025

Order

U.S. Chamber files amicus brief urging Ninth Circuit to grant interlocutory appeal of district court’s refusal to dismiss a putative class’s state tort claims arising out of airplane emissions around the Seattle-Tacoma Airport, even though such claims are preempted under the Clean Air Act and Airline Deregulation Act

March 07, 2025

U.S. Chamber Amicus Brief

Eric Grant of Hicks Thomas LLP served as outside counsel.

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