North Carolina, Ex Rel. Cooper v. Tennessee Valley Authority
Court of Appeals for the Fourth Circuit
1Opinion of the Court
Reversed and remanded by published opinion. Judge WILKINSON wrote the opinion, in which Judge NIEMEYER and Judge SHEDD joined.
OPINION
WILKINSON, Circuit Judge:
The Tennessee Valley Authority (TVA) appeals an injunction requiring immediate installation of emissions controls at four TVA electricity generating plants in Alabama and Tennessee. The injunction was based on the district court’s determination that the TVA plants’ emissions constitute a public nuisance in North Carolina. As a result, the court imposed specific emissions caps and emissions control technologies that must be completed by…
2Cases cited29 opinions
- Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 1984
- Rice v. Santa Fe Elevator Corp.Supreme Court of the United States · 1947
- Medtronic, Inc. v. LohrSupreme Court of the United States · 1996
- Lucas v. South Carolina Coastal CouncilSupreme Court of the United States · 1992
- Pacific Gas & Electric Co. v. State Energy Resources Conservation & Development CommissionSupreme Court of the United States · 1983
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- Bruce Merrick v. Diageo Americas Supply, Inc.Court of Appeals for the Sixth Circuit · 2015
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