Merrick v. Diageo American Supply, Inc.

Owners and renters of properties near a Diageo American Supply (Diageo) (defendant) whiskey warehouse (plaintiffs) sued in federal court for nuisance and other claims, plus an injunction, over whiskey fungus caused by the warehouse's emissions; Diageo moved to dismiss, arguing the Clean Air Act preempted the state common law claims, even though the Act contains a savings clause preserving states' rights to adopt or enforce emissions requirements at least as strict as the federal ones. The district court denied Diageo's motion, and Diageo appealed.