The nation’s largest public utility can move forward with construction of a multibillion-dollar gas plant in Roane County while a federal court weighs whether the Tennessee Valley Authority violated federal law when it decided to build it.
The Oct. 16 ruling is a setback for the Southern Environmental Law Center and other environmental groups arguing the utility unlawfully shut the public out of its decision-making process.
A panel of judges from the U.S. Court of Appeals for the Sixth Circuit said TVA is likely to prevail in the lawsuit, saying that a lower court “likely misread” the National Environmental Policy Act. The law doesn’t require TVA to consider alternatives that aren’t viable, the panel said, and neither U.S. District Judge Curtis
L. Collier nor the environmental groups identified another viable option.
In August, Collier found TVA made “fundamental” errors in choosing to build the $2.5 billion gas plant, including failing to consider a reasonable range of alternatives before committing to the project, though he rejected claims that TVA inadequately considered the plant’s methane emissions, climate goals and cost.
TVA appealed the district judge’s ruling that it violated federal law in deciding to build the plant and argued that halting construction during the appeal would “irreparably” harm the utility and its ratepayers.
The appeals panel also said TVA was likely permitted to enter the agreement with a pipeline company as part of the planning process and that stopping work on the pipeline could harm “many other people.”
Trey Bussey, a senior attorney for the Southern Environmental Law Center, said in a statement the group was disappointed by the decision but maintained that TVA’s “backroom deal with a fossil fuel company” unlawfully kept the public out of the decision-making process.
TVA spokesperson Scott Brooks told Knox News the utility does not comment on active litigation but said the Kingston Energy Complex “is important to helping TVA continue to provide reliable, affordable electricity to 10 million people we serve.”
Mariah Franklin reports on technology and energy for Knox News. Email: mariah.franklin@knoxnews.com. Signal: mariahfranklin.01
This article originally appeared on Knoxville News Sentinel: TVA can keep building $2.5B Kingston gas plant as legal fight continues
