The Southern Environmental Law Center, representing Appalachian Voices and the Sierra Club, filed a lawsuit against the Tennessee Valley Authority in U.S. District Court for the Middle District of Tennessee this week, alleging violations of the federal Clean Air Act. The suit centers on TVA’s operation of its newly constructed Cumberland Gas Plant while simultaneously maintaining its Cumberland coal facility, asserting the utility failed to obtain mandatory permits required for such combined operations.
TVA had previously committed to retiring the coal plant by the end of 2028 as part of an agreement to permit the new gas facility as a minor modification. However, in February 2026, TVA reversed course and announced plans to invest hundreds of millions of dollars in renovating the coal plant to extend its operational life. The utility began operating the gas plant without obtaining the major source permit that would be mandated under Clean Air Act regulations given the increased emissions from operating both facilities simultaneously.
According to the environmental groups, the combined operations of both plants could release approximately 4,700 tons of nitrogen oxides, 8,000 tons of sulfur dioxide, and 1,500 tons of fine particulate matter annually. These pollutants are linked to increased rates of asthma, respiratory disease, heart conditions, and certain cancers. Community representatives stated that residents in Middle Tennessee, already burdened by decades of air pollution from the coal plant, face heightened health risks from the expanded emissions.
Community groups formally notified TVA of the alleged violations in June, as required by Clean Air Act procedures. The Tennessee Department of Environment and Conservation acknowledged the permitting violations but issued an administrative order that the environmental groups contend fails to adequately address the unlawful operations or protect public health. TVA estimates the cost to continue operating the coal plant exceeds $730 million, expenses that the utility indicates would be passed to Tennessee Valley customers through increased electricity rates.
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