April 19, 2011
FOR IMMEDIATE RELEASE
For more info, contact:
Michael Goodstein – w (202) 895-5380, c (202) 494-2214, mgoodstein@hgnlaw.com
Michael O. Nelson – w (317) 633-6780, c (317) 313-4284, mnelson@hgnlaw.com
Marie Montoya – w (925) 284-0840, mmontoya@hgnlaw.com

Washington, DC…A settlement reached last Thursday in a lawsuit brought by the State of North Carolina against the Tennessee Valley Authority (TVA) for operating coal-fired power plants with excessive air pollution sets a new standard for environmental controls for coal-fired power plant systems throughout the nation, according to an environmental attorney involved in the case.

Washington, DC attorney Michael D. Goodstein, who served as North Carolina’s outside counsel in the lawsuit, noted that, “Coal-fired power plant operators are now on notice that they cannot ignore the regional effects of their air pollution on public health, acidification of mountain streams, and haze in National and State Parks.”

The settlement requires TVA to retire at least 18 of its 59 coal units including its oldest and most polluting, install and continuously operate up-to-date emission-control equipment on most of the remaining units, and pay North Carolina $11.2 million in mitigation over the next five years for energy efficiency and electricity-demand-reduction programs.

Goodstein, Stacey Myers and Anne Lynch of the law firm of Hunsucker Goodstein & Nelson PC joined James Gulick and Marc Bernstein of the North Carolina Attorney General’s Office to represent the State in the lawsuit, North Carolina v. TVA, which was filed in 2006.

The State of North Carolina served a notice letter under the Clean Air Act citizen suit provision and ultimately filed a lawsuit which charged TVA with creating a public nuisance. The State proved during the trial that pollutants coming from TVA’s plants increased the incidence of premature mortality, asthma, chronic bronchitis and other cardiopulmonary illnesses, and harmed the environment by destroying sensitive mountain ecosystems and adding to regional haze. After a ruling for TVA in the 4th Circuit Court, the case was before the U.S. Supreme Court when the settlement was reached.

“TVA has committed to reduce the harmful pollutants emitted from its coal-fired power plants including shut-down of its oldest, dirtiest units,” said Goodstein. “This settlement sets a floor for reasonable operation of aging coal-fired power plants. The broad pressure for air quality improvements from North Carolina, EPA, and environmental groups drove this result and sends a message to utilities across the country that continuing to operate coal-fired power plants without up-to-date pollution controls will not be tolerated.”

Hunsucker Goodstein & Nelson PC, which has offices in California, Indiana and Washington, DC, focuses on environmental litigation, insurance coverage/bad faith, and investor securities disputes.