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← 734 F.3d 188 - Bell v. Cheswick Generating Station

Bell v. Cheswick Generating Station’s Empirical Analysis

734 F.3d 188 · 2013

Citation profile

25
cited by 25 later decisions
3
states following
May 2025
most recently cited

6 federal appellate · 1 district · 3 state decisions

Relationships

Applies 28 U.S.C. § 1291 · 28 U.S.C. § 1332 (Class Action Fairness Act of 2005) · 33 U.S.C. § 1251 (Alternative Water Sources Act of 2000) · 33 U.S.C. § 1365 · 33 U.S.C. § 1370 · 42 U.S.C. § 7401 (Air Quality Act of 1967) · 42 U.S.C. § 7410 · 42 U.S.C. § 7416

Relies on Medtronic, Inc. v. Lohr · Japan Whaling Ass'n v. American Cetacean Society · City of Milwaukee v. Illinois · International Paper Co. v. Ouellette · Free v. Bland

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 25 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

  1. “Except as otherwise provided ... nothing in this chapter shall preclude or deny the right of any State or political subdivision thereof to adopt or enforce (1) any standard or limitation respecting emissions of air pollutants or (2) any requirement respecting control or' abatement of air pollution....”
    3 later decisions quote this exact passage · from the majority
  2. “[n]othing in this section shall restrict any right which any person (or class of persons) may have under any statute or common law to seek enforcement of any emission standard or limitation or to seek any other relief.”
    2 later decisions quote this exact passage · from the majority
  3. “[T]here is little basis for distinguishing the Clean Air Act from the Clean Water Act — the two statutes feature nearly identical savings clauses and employ similar ‘cooperative federalism’ structures. Both Acts establish a regulatory scheme through which source states, and not affected states, play the primary role in developing the regulations- by which a particular source will be bound. Both Acts contain citizen suit provisions Which allow individuals to bring suit to enforce their terms under certain circumstances, and both Acts contain two savings clauses: one located within the citizen suit provision which focuses on the rights of individuals to sue, and a second independent savings clause which focuses on states’ rights.”
    1 later decision quote this exact passage · from the majority

How this case has been treated — in progress

Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.