Center for Biological Diversity v. Tennessee Valley Authority

Center for Biological Diversity (CBD) filed a Freedom of Information Act (FOIA) lawsuit against the Tennessee Valley Authority (TVA) seeking to compel disclosure of records concerning “the potential for TVA to transition to cleaner energy sources.” First, CBD sought records of communication between TVA Board of Directors members and employees of certain energy companies, trade groups, and other organizations related to energy-related matters including climate change. The suit also sought reports, data, or summaries created or reviewed by TVA executives on energy-related topics, including replacing coal generation with new gas generation or solar generation and the relationship between TVA’s fossil fuel assets and President Biden’s decarbonization goals.