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Ducktown SmokeThe Fight over One of the South's Greatest Environmental Disasters$
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Duncan Maysilles

Print publication date: 2011

Print ISBN-13: 9780807834596

Published to North Carolina Scholarship Online: July 2014

DOI: 10.5149/9780807877937_maysilles

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Epilogue the View from the Mountain

Epilogue the View from the Mountain

(p.251) Epilogue the View from the Mountain
Ducktown Smoke

Duncan Maysilles

University of North Carolina Press

This chapter shows that even after the local copper industry was gone, the case it spawned remains potent as a legal precedent. Georgia v. Tennessee Copper Co. arose from the physical and political geography of the Ducktown Basin and then became a template for smelter litigation across the country. Its application then extended beyond the mining industry to serve as a vehicle for addressing other forms of transborder pollution. Finally, in 2007, the Supreme Court returned to its century-old decision in the copper case to serve as a crucial jurisdictional precedent for a landmark ruling on anthropogenic global warming. The chapter also describes how Theodore Roosevelt and members of his administration grasped the significance of the 1907 victory achieved in the Georgia case by Attorney General John C. Hart and Ligon Johnson, his special counsel.

Keywords:   local copper industry, legal precedent, political geography, Ducktown Basin, smelter litigation

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