North Carolina v. Tennessee Valley Authority
Amicus Briefs
In Support of Defendant
Whatever happened to seeking a legislative solution?
Can one state's elected officials force companies, or even legislatively enacted authorities, located in another state to comply with its enacted laws and regulations? If you think not, you should be following the public nuisance case filed by North Carolina's attorney general against the Tennessee Vally Authority ("TVA") over cross-border pollution.
According to North Carolina's Attorney General, any facility, located anywhere, whose emissions do or may find their way into North Carolina should comply with North Carolina's more stringent pollution standards or shut down. While the court has heard oral argument, it is still unknown if this misapplication of public nuisance law will succeed.
Whatever happened to seeking a legislative solution?

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