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STATE v. VALLEY

No. CIV. 1:06CV20.

439 F.Supp.2d 486 (2006)

State of NORTH CAROLINA, ex rel., Roy Cooper, Attorney General, Plaintiff, v. TENNESSEE VALLEY AUTHORITY, Defendant.

United States District Court, W.D. North Carolina, Asheville Division.

July 21, 2006.

Attorney(s) appearing for the Case

Michael David Goldstein, Resolution Law Group, PC, Washington, DC, James C. Gulick, N.C. Department of Justice, Raleigh, NC, Marc Bernstein, NC Dept. of Justice, Environmental Division, Raleigh, NC, Richard E. Ayres, Ayres Law Group, Washington, DC, Sueanna Peeler Sumpter, NC Dept. of Justice, Asheville, NC, for Plaintiff.

Frank Hilton Lancaster, Joshua Andrew Wolfe, TVA Office of General Counsel, Knoxville, TN, Harriet Andrea Cooper, Tennessee Valley Authority, Knoxville, TN, Maria Victoria Gillen, Knoxville, TN, for Defendant.

MEMORANDUM AND ORDER

THORNBURG, District Judge.

THIS MATTER is before the Court on the Defendant's motion to dismiss, Plaintiff's response in opposition, and Defendant's reply thereto.

I. PROCEDURAL HISTORY

On January 30, 2006, the Plaintiff State of North Carolina through its Attorney General filed this complaint against the Tennessee Valley Authority ("TVA") "to address emissions of air pollution from TVA's coalfired...

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