State Can Sue TVA Over Pollution: Appeals Panel

Law360, New York (February 1, 2008, 12:00 AM EST) -- The U.S. Fourth Circuit Court of Appeals has given North Carolina the green light to pursue a lawsuit against the Tennessee Valley Authority. The decision handed down Thursday clears the way for the state to pursue a common-law nuisance action against TVA, alleging that pollution from the agency's coal-fired power plants harms the state's health and environmental quality.

TVA had appealed the suit from the U.S. District Court for the Western District of North Carolina, at Asheville.

“Clean air is critical to our health and our...
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