Federal Judiciary

Petition of the day

By Kiran Bhat

The petition of the day is: 

Title: North Carolina v. Tennessee Valley Authority
Docket: 10-997
Issue(s): (1) Whether the Clean Air Act preempts a public nuisance action against a stationary source when that action is based on the common law of the State where the source is located; and (2) whether the Fourth Circuit?s conclusion that the issuance of an air quality permit bars a public nuisance action under Alabama and Tennessee law is contrary to this Court?s directive that a federal court is bound to accept interpretations of state law by the State?s highest court.

Certiorari stage documents:

• Opinion below (4th Cir.)
• Petition for certiorari
• Amicus brief of Defenders of Wildlife, et al.
• Amicus brief of Maryland, et al.
• Amicus brief of the American Lung Association and American Thoracic Society
• Amicus brief of Environmental and Administrative Law Professors

Full post as published by SCOTUSBLOG on March 15, 2011 (boomark / email).