Legal Opinion

North Carolina Ex Rel. Cooper v. Tennessee Valley Authority

District Court, W.D. North Carolina

Decided January 13, 2009No. Civil 1:06CV20PublishedCited by 3 opinions

1Opinion of the Court

MEMORANDUM OF OPINION

LACY H. THORNBURG, District Judge.

THIS MATTER came on for trial before the Court without a jury. The Court now enters its findings of fact, conclusions of law, and final judgment in this matter.

I. INTRODUCTION

Plaintiff North Carolina, on behalf of its citizens, filed the instant action in public nuisance against Defendant Tennessee Valley Authority (TVA) in January 2006. The complaint cites urgent environmental concerns in this state, allegedly caused by air pollution emitted by TVA’s coal-fired power plants in other states. North Carolina contends, and TVA denies, that…

2Cases cited25 opinions

  1. Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 1984
  2. Daubert v. Merrell Dow Pharmaceuticals, Inc.Supreme Court of the United States · 1993
  3. Kumho Tire Co. v. CarmichaelSupreme Court of the United States · 1999
  4. General Electric Co. v. JoinerSupreme Court of the United States · 1997
  5. Cohens v. VirginiaSupreme Court of the United States · 1821

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3Cited by3 opinions

  1. Connecticut v. American Elec. Power Co., Inc.Court of Appeals for the Second Circuit · 2009
  2. North Carolina, Ex Rel. Cooper v. Tennessee Valley AuthorityCourt of Appeals for the Fourth Circuit · 2010
  3. State of North Carolina v. Tennessee ValleyCourt of Appeals for the Fourth Circuit · 2010

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