Regulation by Litigation: Fourth Circuit Weighs in on Nuisance Suits Involving Air Emissions


The Fourth Circuit Court of Appeals has become the latest federal appellate court to weigh in on the viability of public nuisance lawsuits to effectively regulate air emissions. In North Carolina v. Tennessee Valley Authority, (No. 09-1623, July 26, 2010), a unanimous three-judge panel vacated an injunction granted by a North Carolina district court that required power plants located in Tennessee and Alabama to install additional pollution control devices and reduce their emissions. The State of North Carolina filed suit against electricity provider Tennessee Valley Authority (TVA) in early 2006 alleging that emissions migrating into North Carolina from TVA?s eleven coal-fired power plants constitute a public nuisance that contributes to adverse health effects and damage to natural resources.

Please see full article below for more information.

LOADING PDF: If there are any problems, click here to download the file.

Published In: Administrative Agency Updates, Civil Remedies Updates, Environmental Updates, Personal Injury Updates

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Dinsmore & Shohl LLP | Attorney Advertising

Don't miss a thing! Build a custom news brief:

Read fresh new writing on compliance, cybersecurity, Dodd-Frank, whistleblowers, social media, hiring & firing, patent reform, the NLRB, Obamacare, the SEC…

…or whatever matters the most to you. Follow authors, firms, and topics on JD Supra.

Create your news brief now - it's free and easy »