On January 7, 2009 the Sixth Circuit Court of Appeals issued a decision in The National Cotton Council of America v. EPA, ___ F.3rd____ (6th Cir. 2009). At issue in the case was a challenge to the final rule on the application of pesticides to waters. Two different groups of Petitioners—one representing [...]
On January 13, 2009 in North Carolina ex rel. Cooper v. Tennessee Valley Authority, 2009 WL 77998 (W.D. N.C. Jan. 13, 2009), District Judge Lacy Thornburg ruled that the emissions from three publicly owned and operated power plants in Tennessee and Alabama were public nuisances contributing to “significant hurt, inconvenience [and] damage in North Carolina. [...]