Enforceability of Prohibition on Weather Modification Activities - Articles

All Content

Enforceability of Prohibition on Weather Modification Activities

Posted by: Azya Thornton on Mar 12, 2025

Court: TN Attorney General Opinions

Hearing Date: 02/28/2025

Opinion Number: 6

Question 1: Does Tenn. Code Ann. § 68-201-112 allow Tennessee to enforce Tenn. Code Ann. § 68- 201-122 when there is injection, release, or dispersion of the prohibited material into federally controlled airspace, or airspace that is otherwise under the jurisdiction of the federal government?

Opinion 1: It depends. A court would likely find some attempts to enforce Tenn. Code Ann. § 68- 201-122 expressly or impliedly preempted, but not others.

Question 2: If not, in what other manner, if any, can Tennessee enforce Tenn. Code Ann. § 68-201-122 when there is injection, release, or dispersion of the prohibited material into federally controlled airspace, or airspace that is otherwise under the jurisdiction of the federal government, for the purposes of the release of chemicals, chemical compounds, substances, or other apparatus?

Opinion 2: See Response to Question 1. Tennessee can likely enforce Tenn. Code Ann. § 68-201-122 to ground-based activities that involve injection, release, or dispersion of material into the air. But to the extent the question contemplates enforcement of § 68-201-122 to emissions, the federal Clean Air Act may preempt enforcement. And for releases occurring in navigable airspace, a court may find § 68-201-122 impliedly preempted depending on the facts.

Attachments: