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Harvard Environmental Law Review

nuisance

Comment: American Electric Power Co. v. Connecticut

April 10, 2012 by wpengine

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

April 1, 2011 by wpengine

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

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