nuisance

Comment: American Electric Power Co. v. Connecticut

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By David R. Brody

On June 20, 2011, the Supreme Court issued a unanimous and straightforward decision that the Clean Air Act displaces federal common law public nuisance claims against greenhouse gas emitters.  The decision solidifies
the Environmental Protection Agency (“EPA”)’s primacy, established in Massachusetts v. EPA, as the climate change regulator. In American … [Read more…] about Comment: American Electric Power Co. v. Connecticut

Comment: North Carolina v. Tennessee Valley Authority

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By Nigel Barella

In North Carolina v. Tennessee Valley Authority, 615 F.3d 291 (4th Cir. 2010), the Court of Appeals for the Fourth Circuit held that the federal Clean Air Act preempted certain, if not all, applications of state nuisance law.  The court also ruled on the meaning of state nuisance laws and the scope of North Carolina’s air quality laws.  This Comment analyzes … [Read more…] about Comment: North Carolina v. Tennessee Valley Authority