July 31, 2008

Not sure why this attorney general's public nuisance lawsuit drew such dramatically less attention than Rhode Island's suit against the paint manufacturers, but in any case ...

Trial concluded this week in North Carolina Attorney General Roy Cooper's lawsuit against the Tennessee Valley Administration for creating a public nuisance through its coal-fired power plants in other states. Cooper brought suit in federal court in January 2006 (news release, complaint and FAQ) after failing to win his arguments before the EPA, trying to hold the TVA to the standards of the state's Clean Smokestacks Act of 2002. The TVA maintains that it is reducing emissions, installing scrubbers, etc. U.S. District Judge Lacy Thornburg, who heard the suit, is expected to issue a ruling after September 15.

Both the Tennessean and Asheville Citizen-Times did a good job covering daily trial developments. Here are the most recent reports:

• Tennessean, July 31: "Last salvos fired TVA trial"
• Tennessean, July 30: "TVA's CEO pledges pollution-control upgrades"
• Asheville Citizen-Times, July 31: "Trial wraps, but TVA pollution ruling remains weeks away"
• Asheville Citizen-Times, July 30: "TVA trial comes to a close"