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North Carolina v. Tennessee Valley Auth.

ELR Citation: 40 ELR 20194
Nos. No. 09-1623, (4th Cir., 07/26/2010)

The Fourth Circuit reversed and remanded a lower court injunction requiring the immediate installation of emissions controls at four TVA generating plants in Alabama and Tennessee. TVA is in compliance with the NAAQS, the corresponding SIPs, and the permits that implement them. Because these standards impose more stringent requirements than state nuisance law, TVA's plants cannot logically be public nuisances under Alabama and Tennessee law.

[Prior decisions in this litigation can be found at 38 ELR 20037 and 39 ELR 20015.]