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Air pollution

Baptiste v. Bethlehem Landfill Co.

The Third Circuit reinstated a lawsuit concerning noxious odors emanating from a landfill in Pennsylvania. A proposed class of residents living within a 2.5-mile radius of the landfill brought public and private nuisance claims, arguing...

Powell v. Tosh

A district court decertified a class of Kentucky residents who filed nuisance claims against a neighboring hog farm. The court previously determined that commonality existed because the residents had all asserted that the farmer's...

AEP v. Connecticut—Global Warming Litigation and Beyond

On June 21, 2011, the U.S. Supreme Court in American Electric Power (AEP) v. Connecticut held that the Clean Air Act (CAA), and the U.S. Environmental Protection Agency (EPA) actions it authorized, displaced any federal common-...

North Carolina v. Tennessee Valley Auth.

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...

North Carolina v. Tennessee Valley Auth.

A district court ordered the Tennessee Valley Authority (TVA) to install and continuously operate scrubbers at four power plants in Tennessee and Alabama. North Carolina filed a public nuisance claim against TVA, citing urgent...

North Carolina v. Tennessee Valley Auth.

The Fourth Circuit denied motions to dismiss North Carolina's common-law nuisance action against the Tennessee Valley Authority (TVA) alleging that its coal plants emit various pollutants that travel through the atmosphere into the...