NASHVILLE, Tenn. — A federal appeals court has issued a temporary stop on two crucial permits required for the construction of a pipeline project in Tennessee, which is intended to supply a natural gas facility.
The ruling came from a divided panel of the 6th U.S. Circuit Court of Appeals, which voted 2-1 on Friday to pause the Tennessee Gas Pipeline Company LLC’s plans to initiate work on a 32-mile (50-kilometer) pipeline spanning Dickson, Houston, and Stewart counties.
This pipeline is set to provide the Tennessee Valley Authority (TVA) with natural gas for its combined-cycle facility, situated at the site of the coal-burning Cumberland Fossil Plant, which is in the process of being retired.
Court documents indicate that construction could have commenced as early as the upcoming Tuesday.
TVA intends to disable its two-unit coal plant in a phased approach—first by the end of 2026, with the 1,450-megawatt natural gas plant expected to take its place in the same year, and then by the close of 2028, with replacement plans still being discussed.
Emily Sherwood, a senior campaign organizer for the Sierra Club, commented on the temporary ruling, describing it as an essential chance to reassess the dangers associated with fossil fuel projects and to prioritize the environmental and health needs of the Cumberland area and its surroundings.
Advocates are pushing for a faster transition from fossil fuels to renewable energy sources like solar, voicing criticism over TVA’s plan to open more natural gas facilities, even as TVA aims to retire its full fleet of coal plants by the mid-2030s.
The oral arguments for this case are scheduled for December 10, and should additional appeals arise and be successful, the timeline for the project could face further delays.
In response to the ruling, Kinder Morgan, the parent company of the pipeline firm, expressed its disagreement with the court’s decision to impose a temporary stay, stating that they are currently weighing their options to ensure the project’s timely execution.
Meanwhile, representatives from the Tennessee Valley Authority and the Army Corps of Engineers have opted not to comment, and inquiries directed at the state attorney general’s office have gone unanswered.
In August 2023, the Southern Environmental Law Center and Appalachian Mountain Advocates, representing both Appalachian Voices and the Sierra Club, urged the appeals court to reconsider a water quality permit granted by the Tennessee Department of Environment and Conservation for the pipeline. Subsequently, in September, these groups sought an appellate review of another permit issued by the U.S. Army Corps of Engineers.
The ruling issued by Judges Eric Clay and Karen Moore recognized that the groups could suffer irreparable harm if construction were to commence prior to a final decision in the case. The plaintiffs argue that the pipeline’s route would intersect numerous streams and wetlands, potentially harming waterways and ecosystems in a lasting manner.
Dissenting Judge Amul R. Thapar argued that the court might not have jurisdiction regarding the claims against the state agency, contending that the plaintiffs did not adequately demonstrate the likelihood of irreparable harm or the chances of victory in their case.
TVA’s efforts to expand its natural gas operations have led to additional lawsuits, which include challenges to the Federal Energy Regulatory Commission’s approval of the Cumberland pipeline.
One of the lawsuits claims that TVA’s environmental assessment of the Cumberland plant was insufficient and unlawfully conducted. Another challenge questions the decision-making process surrounding a proposed 1,500-megawatt natural gas facility, which would also incorporate 4 megawatts of solar energy and 100 megawatts of battery storage at the Kingston Fossil Plant, infamous for a severe coal ash spill in 2008. In late September, a judge dismissed an alternate lawsuit contesting TVA’s approval process for gas turbines at a decommissioned coal facility in New Johnsonville.
Those contesting the expansion of natural gas emphasize that TVA is straying from the Biden administration’s initiative to eliminate carbon emissions from power plants by 2035, a goal all the more pressing given the board was appointed partly by President Joe Biden.
TVA’s plans for new natural gas facilities have elicited criticism from the U.S. Environmental Protection Agency, which has cautioned that TVA’s environmental review of the Kingston project does not align with federal legislation.
TVA CEO Jeff Lyash has consistently emphasized the necessity of natural gas, highlighting its ability to provide steady power regardless of solar and wind conditions. He boasted that this shift would yield improvements in emissions compared to coal and would facilitate the addition of 10,000 megawatts of solar energy to TVA’s system by 2035.
TVA has set ambitious targets, including an 80% reduction in carbon emissions from 2005 levels by 2035 and aiming for net-zero emissions by 2050, while serving a customer base of 10 million people across seven Southern states.