The Kentucky Court of Appeals has revived a lawsuit claiming vapors from Jefferson County bourbon warehouses are causing a black fungus to form on nearby houses and vehicles.
The Courier-Journal reported that a lower court dismissed the suit, finding the federal Clean Air Act does not allow the plaintiffs to sue in state court over air quality nuisance issues. Last Friday, a three-judge appeals court panel unanimously overturned that decision.
The lawsuit targets Brown-Forman Corp. and Heaven Hill Distilleries. A joint statement from the two companies said they are disappointed in the decision and considering an appeal to the Kentucky Supreme Court.
In 2013, Diageo Americas Supply Inc. agreed to move 185,000 barrels of whiskey after it was cited by the Louisville Metro Air Pollution Control District.
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