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On July 26, the United States Court of Appeals for the Fourth Circuit set aside an injunction that would have required four of TVA’s coal-fired power plants in Alabama and Tennessee to install environmental controls costing between $1-$3 billion. In a 34-page opinion, the Fourth Circuit unanimously concluded that the district court’s injunction “compromised principles of federalism by applying North Carolina law extraterritorially to TVA plants located in Alabama and Tennessee.” Kevin Newsom, who chairs BABC’s appellate litigation group, argued the case for the State of Alabama, which intervened (in support of TVA) to protect its sovereign interests. TVA was very well represented by in-house counsel Harriet Cooper.

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Related People

Golden, Daniel P.
Partner

Roth, David
Partner

Spivack, Stephen R. (Steve)
Partner

Related Files

Complete Champion Article

Troubling the Heavens

Production of Evidence Favorable to Defendants by the United States

The Champion

01/2010

Bradley Arant Boult Cummings partners, Stephen Spivack, David Roth and Daniel Golden, recently authored “Troubling the Heavens: Production of Evidence Favorable to Defendants by the United States.” The article was featured in The Champion, a publication of the National Association of Criminal Defense Lawyers.

NACDL's renowned journal offers timely, informative articles written for and by criminal defense lawyers, featuring the latest developments in search and seizure laws, DUI/DWI, grand jury proceedings, habeas, the exclusionary rule, death penalty, RICO, federal sentencing guidelines, forfeiture, white-collar crime, and more.