ELR Citation: 54 ELR 20139
No(s). 3:22-cv-01054 (M.D. Tenn. Sep 30, 2024) (Campbell, J.)

A district court denied summary judgment for an environmental group in a challenge to the Tennessee Valley Authority's (TVA's) decision to build a gas-fired power plant in Tennessee. The group argued the EA violated NEPA, and that TVA's decision to issue a FONSI and not to prepare an EIS was arbitrary and capricious; it sought to enjoin further construction and operation of the plant until TVA complies with NEPA. The court found TVA adequately studied the potential climate impacts and that its FONSI did not reach the high bar necessary for the court to find the decision violated NEPA. It denied the group's motion for summary judgment and granted TVA's cross-motion.