Appalachian Voices v. Tennessee Valley Authority

The federal district court for the Eastern District of Tennessee denied Tennessee Valley Authority’s (TVA’s) request to stay environmental organizations’ lawsuit challenging TVA’s plan to build a new gas-fired power plant after retiring nine coal-fired units at the Kingston Fossil Plant. TVA requested the stay after the TVA board authorized a plant to continue operating the coal-fired units in conjunction with the gas plant and instructed staff to apply for permits to operate both plants alongside each other. The court found that the TVA board’s final decision on the coal-fired units would not affect “the question at the center of this litigation,” which was the TVA’s decision to build the gas plant. The court found no “pressing need” to delay the litigation until a final decision is made regarding the coal-fired units.

Three environmental organizations filed a lawsuit in the federal district court for the Eastern District of Tennessee alleging that Tennessee Valley Authority (TVA) failed to comply with the Administrative Procedure Act and NEPA when it decided to build a gas-fired power plant to replace a coal-fired plant in East Tennessee. The plaintiffs alleged that TVA failed to consider a reasonable range of alternatives that included alternatives containing a substantial renewable component. They also alleged that TVA failed to take a hard look at the proposed gas plant’s environmental impacts, including impacts on climate pollution. In addition, they claimed that TVA committed to the gas plant before issuing a record of decision and made an arbitrary finding that the gas plant was the “lowest system cost” alternative.