A unanimous panel of the Sixth Circuit held today in D.O., et al. v. Glisson that the Child Welfare Act creates a private right to foster-care maintenance payments enforceable by a foster parent under 42 U.S.C. § 1983. The CWA provides for federal foster care and adoption assistance to eligible states. To be eligible, a state … Continue Reading
The Supreme Court has held in Am. Elec. Power Co., Inc. v. Connecticut that the CAA preempts tort claims under federal common law and in International Paper Co. v. Ouellette that the Clean Water Act does not preempt state common law claims under the law of the state that is the source of the alleged pollution. … Continue Reading
