Georgia v. Tennesssee Copper Co.
Headline: Court enjoins Tennessee copper companies from releasing sulphurous gas that is destroying Georgia forests, orchards, and crops, ordering them to stop emissions or install controls within a reasonable time.
Holding: The Court grants Georgia an injunction ordering Tennessee copper companies to stop emitting sulphurous gas that injures Georgia’s forests, orchards, and crops, allowing time to install measures to abate the fumes.
- Enables states to get injunctions to stop cross-border industrial air pollution.
- Requires Tennessee plants to reduce or stop sulphurous gas emissions.
- Protects forests, orchards, and crops from long-range toxic fumes.
Summary
Background
The State of Georgia, acting by its legislature and Governor, sued two Tennessee copper companies after sulphur dioxide fumes from their works were carried by wind into Georgia. Georgia said the fumes turn into sulphurous acid in the air and are causing widespread damage to forests, orchards, and crops across five counties. Georgia also said it had asked Tennessee for help without success and sought relief in this Court.
Reasoning
The Court framed the dispute as a State acting in its quasi-sovereign role to protect the air and land within its borders, not merely as a private landowner. The Justices found by a preponderance of the evidence that the defendants emitted large quantities of sulphur dioxide, that winds carried the gas over substantial areas of Georgia, and that the fumes caused or threatened considerable damage to plant life. Given the State’s interest in preventing large-scale pollution of its air, the Court concluded that an injunction was appropriate, while allowing reasonable time for the companies to complete structures or take measures to stop the fumes. The Court rejected a purely private-law balancing that would give less weight to the State’s quasi-sovereign interest, and found that Georgia had shown due diligence.
Real world impact
The Court ordered that an injunction issue, meaning the companies must stop or abate the harmful emissions after a reasonable transition period. The ruling protects Georgia’s natural resources and lets the State enforce air quality against out-of-state industrial pollution. It also requires defendants to present a proposed decree for timing and details.
Dissents or concurrances
Justice Harlan agreed with the result but warned the Court should apply ordinary equitable rules and not give special treatment to a State merely because it is a State.
Opinions in this case:
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