North Carolina v. Tennessee Valley Authority
United States Court of Appeals for the Fourth Circuit
615 F.3d 291 (2010)
- Written by Jennifer Flinn, JD
Facts
The Tennessee Valley Authority (TVA) (defendant) is a federally owned utility company that operates coal-fired power plants in Tennessee, Alabama, and Kentucky, and provides electricity to seven states. Coal-fired power plants naturally emit certain pollutants into the air, including sulfur dioxide and nitrous oxides. These pollutants are among those regulated through the Clean Air Act and the Environmental Protection Agency (EPA). In order to comply with the Clean Air Act, certain controls can be used by power plants to reduce pollution, such as flue gas desulfurization systems (scrubbers) or selective catalytic reduction (SCR). North Carolina (plaintiff) implemented, through the North Carolina Clean Smokestacks Act, more stringent controls on coal-fired power plants located within the state than allowed under the Clean Air Act. Due to weather systems, emissions from power plants located in Tennessee and Alabama move eastward into North Carolina. As a result, North Carolina filed a public-nuisance lawsuit against TVA in the United States District Court for the Western District of North Carolina. The district court ruled that four of TVA’s power plants located within 100 miles of the North Carolina border created a public nuisance. The district court ordered TVA to install controls on these plants to reduce pollution and imposed emissions limits accordingly, and TVA appealed.
Rule of Law
Issue
Holding and Reasoning (Wilkinson, J.)
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