North Carolina Can Sue TVA for Public Nuisance
The Fourth Circuit’s January 31 decision allows North Carolina to sue TVA for causing adverse health and environmental effects to North Carolinians, by allowing transport of air pollutants (that already meet state and federal regulations) from TVA coal fired plants in Tennessee, Alabama and Kentucky into the state.  The court affirmed denial of TVA’s motion to dismiss.  However, Judge Niemeyer dissented from the court’s ruling that the case was not barred by the discretionary function doctrine. 

Submitted by Tim Gresham, Penn, Stuart & Eskridge, Abingdon, VA.

NLRB Files Petition for Injunction Against Massey Energy
Alleging unfair labor practices, the NLRB on January 31 filed a petition for injunction in the U.S. District Court for the Southern District of West Virginia against Massey Energy to force rehiring of union coal miners. 

Final Report of Advanced Coal Technology Work Group
Formed under EPA’s Clean Air Act Advisory Committee, the Advanced Coal Technology Work Group was charged with discussing and identifying the potential barriers and potential opportunities to create incentives under the Clean Air Act to develop and deploy advanced coal technologies. The final report was issued January 29, shortly after DOE’s announcement that it was pulling funds from the FutureGen project.