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==July 2010: TVA plants declared public nuisance, then reversed==
On July 26, 2010, a federal appeals court reversed a judge's ruling in [[North Carolina v. TVA]] requiring prompt installation of upgraded emission controls at four TVA coal-fired power plants, three in Tennessee and one in Alabama. U.S. District Judge Lacy Thornburg had ordered the accelerated cleanup at the TVA plants, ruling that emissions affecting air quality in North Carolina's scenic western mountains were a "public nuisance." A three-judge panel of the 4th U.S. Circuit Court of Appeals overturned the decision. Appeals court Judge J. Harvie Wilkinson III wrote that allowing the ruling to stand would undermine the nation's "carefully created" [[Clean Air Act]] regulatory scheme. North Carolina can either seek a rehearing before the full appeals court or appeal to the U.S. Supreme Court.<ref>[http://blog.al.com/spotnews/2010/07/federal_appeals_court_blocks_r.html "Federal appeals court blocks ruling for fast-track emission controls at 4 TVA coal-fired plants"] al.com, July 26, 2010.</ref>
In 2009, the [[National Association of Manufacturers]] joined in an [http://www.nam.org/~/media/3D99146ECAAE44209911A91E92AACCC7/North_Carolina_v_TVA.pdf amicus brief] supporting the TVA with the [[U.S. Chamber of Commerce]], the [[American Petroleum Institute]], the "Public Nuisance Fairness Coalition", the Utility Air Regulatory Group (represented by [[Hunton & Williams]]), and the [[American Forest & Paper Association]].
SW: Clean up North Carolina v. TVA settlement history
As part of the North Carolina agreement, TVA agreed to phase out 18 units of its coal plants, adding up to 2,700 MW, and to install modern pollution controls on three dozen additional units.<ref>[http://action.sierraclub.org/site/MessageViewer?em_id=203101.0&dlv_id=174621 "Blockbuster Agreement Takes 18 Dirty TVA Coal-Fired Power Plant Units Offline"] Sierra Club, April 14, 2011.</ref> The phase out includes two units at the [[John Sevier Fossil Plant]], all 10 units at the [[Johnsonville Fossil Plant]], both in Tennessee, and six units at the [[Widows Creek Fossil Plant]] in north Alabama.<ref>[http://abcnews.go.com/Business/wireStory?id=13375691 "TVA Phasing out Hundreds of Jobs at Coal Plants"] ABC, April 14, 2011.</ref>
As part of the EPA agreement, TVA will invest an estimated $3 to $5 billion on pollution controls, invest $350 million on clean energy projects, and pay a civil penalty of $10 million.<ref>[http://yosemite.epa.gov/opa/admpress.nsf/ab2d81eb088f4a7e85257359003f5339/45cbf1a4262af67b8525787200516dd7!OpenDocument "EPA Landmark Clean Air Act Settlement with TVA to Modernize Coal-Fired Power Plants and Promote Clean Energy Investments / State-of-the-art pollution controls and clean energy technology to provide up to $27 billion in annual health benefits"] EPA, April 14, 2011.</ref> The consent decree is the end of a saga that started with a 2004 lawsuit against TVA by the state of North Carolina, alleging that the independent federal utility had not complied with an 1999 - 2000 administrative compliance order it entered with EPA to reduce pollution. The states of Alabama, Tennessee, and Kentucky, and the National Parks Conservation Association, the Sierra Club and Our Children's Earth Foundation all joined the lawsuit. Amicus briefs for TVA were filed in 2009 by the [[National Association of Manufacturers]] joined in an [http://www.nam.org/~/media/3D99146ECAAE44209911A91E92AACCC7/North_Carolina_v_TVA.pdf amicus brief] supporting the TVA with the [[U.S. Chamber of Commerce]], the [[American Petroleum Institute]], the "Public Nuisance Fairness Coalition", the Utility Air Regulatory Group (represented by [[Hunton & Williams]]), and the [[American Forest & Paper Association]]. On July 26, 2010, a federal appeals court reversed a judge's ruling in [[North Carolina v. TVA]] requiring prompt installation of upgraded emission controls at four TVA coal-fired power plants, three in Tennessee and one in Alabama. U.S. District Judge Lacy Thornburg had ordered the accelerated cleanup at the TVA plants, ruling that emissions affecting air quality in North Carolina's scenic western mountains were a "public nuisance." A three-judge panel of the 4th U.S. Circuit Court of Appeals overturned the decision. Appeals court Judge J. Harvie Wilkinson III wrote that allowing the ruling to stand would undermine the nation's "carefully created" [[Clean Air Act]] regulatory scheme. North Carolina then sought a rehearing.<ref>[http://blog.al.com/spotnews/2010/07/federal_appeals_court_blocks_r.html "Federal appeals court blocks ruling for fast-track emission controls at 4 TVA coal-fired plants"] al.com, July 26, 2010.</ref>
==Other plants==
According to the report, the electric power industry is the leading source of chromium and chromium compounds released into the environment, representing 24 percent of releases by all industries in 2009.<Ref name="blind spot"/>
==Citizen protest==
