On September 23, 2013, the Third Circuit denied GenOn Power Midwest LP’s Petition for Rehearing En Banc in the Bell v. Cheswick Generating Station, GenOn Power Midwest, L.P. appeal. As we previously reported, the petition sought review of the court’s September 3, 2013 decision finding that the Clean Air Act does not preempt state law tort claims brought by private property owners against a source of pollution located in the state. The order indicates that the vote was not unanimous; however, none of the judges who participated in the underlying decision asked for rehearing and a majority of the circuit judges in regular active service voted against rehearing.
