U.S. Court of Appeals Rejects Diageo’s Argument That Clean Air Act Preempts Property Owners’ Claims

U.S. Court of Appeals Rejects Diageo’s Argument That Clean Air Act Preempts Property Owners’ Claims

On Monday, November 2, 2015, the Sixth Circuit U.S. Court of Appeals rejected liquor-giant Diageo’s defense that property owners’ had no right to pursue litigation against Diageo due to federal preemption by the Clean Air Act. This is a major development in the case and will allow litigation to proceed in the lower court. Read the full Diageo Opinion and…

DPNR Ready to Act in Rum Fungus Case

DPNR Ready to Act in Rum Fungus Case

It’s called “the angel’s cut,” but there could be the devil to pay as officials move to curtail the release of ethanol that is a byproduct of rum distillation and storage on St. Croix. At a hearing Wednesday before the Senate Health, Hospital and Human Services Committee, lawmakers and officials said they were ready to begin enforcement action against Diageo and Cruzan Rum to force the two companies to curtail the release of ethanol from their rum storage facilities and help remediate damage caused an unsightly fungus to grow in surrounding neighborhoods. Department of Planning and Natural Resources Commissioner designate Dawn Henry said the agency was on a 45-day timeline to began the action. Read more at The St. Croix…