Understanding NC V. Tennessee Valley Authority

Law360, New York (August 19, 2010, 1:20 PM EDT) -- In a highly anticipated decision, the U.S. Court of Appeals for the Fourth Circuit recently rendered its opinion in North Carolina v. Tennessee Valley Authority, ___ F.3d ___, 2010 WL 2891572 (4th Cir. July 26, 2010), a high-profile public nuisance case brought by the State of North Carolina to limit air emissions from several electricity-generating plants in three neighboring states.

Following a bench trial, the federal district court in North Carolina had issued an injunction requiring the immediate installation of additional air emissions controls at four...
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