The Southern Environmental Law Center, representing Appalachian Voices and the Sierra Club, filed a lawsuit in U.S. District Court for the Eastern District of Tennessee challenging the Tennessee Valley Authority’s construction and planned operation of a gas plant at its Kingston facility. The groups contend that TVA violated the Clean Air Act by proceeding with the gas plant before obtaining mandatory air permits and without adequately evaluating combined emissions from both the new facility and the existing coal plant.
The lawsuit stems from TVA’s reversal of an earlier commitment to retire the Kingston coal plant, one of the utility’s oldest, most expensive, and least reliable generating facilities. The utility initially planned to close the coal plant but reversed that decision earlier this year, announcing plans to operate both the coal and gas plants indefinitely. According to the environmental groups, operating both facilities simultaneously would constitute a “major” source under federal clean air regulations, triggering permit requirements that TVA has not obtained.
The environmental organizations argue that the combined emissions from both plants would significantly increase air pollution, potentially doubling greenhouse gas releases at the site. They point to health risks associated with the pollutants, including increased incidence of asthma, respiratory disease, cardiovascular problems, and certain cancers. TVA estimates compliance costs for maintaining the Kingston coal plant at over $636 million, expenses that would ultimately be borne by utility customers.
The lawsuit follows a determination last month by the Tennessee Department of Environment and Conservation that TVA’s continued construction of the gas plant was unlawful, though the state agency subsequently reached an agreement with TVA that environmental groups characterize as inadequate. A prior federal court ruling found that TVA’s decision to build the gas plant violated the law and contained fundamental analytical errors. This case is one of several Clean Air Act challenges against TVA’s generating facilities in the region.
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