Statement from North Carolina Attorney General Roy Cooper on Fourth Circuit ruling in TVA air pollution case

January 31, 2008 -- “Clean air is critical to our health and our economy. This ruling clears the way for us to to make TVA clean up its pollution that’s dirtying our air and making North Carolinians sick."

Background: The US Fourth Circuit Court of Appeals ruled Thursday that North Carolina can move forward with its suit seeking to get the Tennessee Valley Authority to clean up air pollution from its power plants.

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Cooper filed suit against the TVA in January of 2006 seeking to dirty air from TVA coal-fired power plants that harms North Carolina’s health, environment and economy.

North Carolina’s case against TVA pollution is currently pending trial in federal district court in Asheville before United States District Judge Lacy H. Thornburg.

Judge Thornburg earlier ruled against TVA’s claim that it could not be sued for its pollution by North Carolina. TVA filed an appeal of that decision with the US Fourth Circuit Court of Appeals in December of 2006. North Carolina argued before the Fourth Circuit that TVA can be held accountable in court for their business decisions related to producing power, including creating harmful pollution.

The Fourth Circuit ruled in North Carolina’s favor Thursday.

Source: North Carolina Attorney General