First Circuit Rules Puerto Rico Municipal
Ordinances Are Preempted
Reprinted from the American Bar Association Environmental & Energy Litigation newsletter
In an article published June 8, 2017, Columbia partner Karen Aldridge Crawford discusses the First Circuit’s recent determination on whether a municipality may prohibit the beneficial use and disposal of coal ash at landfills within their borders when the state agency has authorized such activities. In AES Puerto Rico, L.P. v. Trujillo-Panisse, No. 16-2052 (1st Cir. May 15, 2017), a coal-fired-power-plant owner, AES-PR, claimed that two municipal ordinances attempting such a prohibition were preempted by federal and commonwealth law and were in violation of the United States and Puerto Rico constitutions.
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