Legal Opinion

North Carolina, Ex Rel. Cooper v. Tennessee Valley Authority

Court of Appeals for the Fourth Circuit

Decided July 26, 2010No. 09-1623PublishedCited by 39 opinions

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

  1. Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 1984
  2. Rice v. Santa Fe Elevator Corp.Supreme Court of the United States · 1947
  3. Medtronic, Inc. v. LohrSupreme Court of the United States · 1996
  4. Lucas v. South Carolina Coastal CouncilSupreme Court of the United States · 1992
  5. Pacific Gas & Electric Co. v. State Energy Resources Conservation & Development CommissionSupreme Court of the United States · 1983

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3Cited by39 opinions

  1. In Re DEEPWATER HORIZONCourt of Appeals for the Fifth Circuit · 2014
  2. Laurie Freeman, Sharon Mockmore, Beccy Boysel, Gary D. Boysel, Linda L. Goreham, Gary R. Goreham, Kelcey Brackett, and Bobbie Lynn Weatherman v. Grain Processing CorporationSupreme Court of Iowa · 2014
  3. Kristie Bell v. Cheswick Generating Station GeCourt of Appeals for the Third Circuit · 2013
  4. City of New York v. Chevron Corp.Court of Appeals for the Second Circuit · 2021
  5. Bruce Merrick v. Diageo Americas Supply, Inc.Court of Appeals for the Sixth Circuit · 2015

34 more not listed; retrieve them via the Exa API.

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