NASHVILLE, Tenn. (AP) — A federal appeals panel has temporarily halted two permits needed to begin construction on a pipeline project in Tennessee that will supply a natural gas power plant.
In a split 2-1 decision, the 6th U.S. Circuit Court of Appeals panel issued a ruling Friday that temporarily prevents Tennessee Gas Pipeline Company LLC from beginning construction of its 31-mile pipeline through Dickson, Houston and Stewart counties.
The project would fuel the Tennessee Valley Authority’s combined natural gas plant at the site of the coal-fired Cumberland Fossil Plant that is being retired.
Tennessee Gas Pipeline Company could have started construction as early as Tuesday, according to court records.
TVA, meanwhile, plans to shut down its two-unit coal-fired power plant in two phases: one by the end of 2026, to be replaced by the 1,450-megawatt natural gas plant the same year; and the second, which closed at the end of 2028, with options for its replacement.
“This pause is a critical opportunity to reconsider the risks of fossil fuel development and prioritize the health and environment of Cumberland and our region,” Emily Sherwood, senior campaign organizer for the Sierra Club, said in a news release Monday .
TVA’s plans to open more natural gas plants have angered advocates who want a rapid transition from fossil fuels to solar and other renewable energy sources, as TVA plans to retire its entire coal fleet by the mid-2030s .
The case will be heard orally on December 10. If additional appeals are filed and successful, the timeline may be reset.
“We disagree with the court’s temporary stay and are evaluating our options to ensure this project can be built in a timely manner,” the pipeline company’s parent company, Kinder Morgan, said in a statement Monday.
Spokespeople for the Tennessee Valley Authority and the Army Corps of Engineers declined to comment. Chad Kubis, a spokesman for the attorney general’s office, said officials there are evaluating their next steps.
The Southern Environmental Law Center and Appalachian Mountain Advocates, on behalf of Appalachian Voices and the Sierra Club, asked the appeals court in August 2023 to reconsider a water quality permit from the Tennessee Department of Environment and Conservation for the pipeline. In September, the groups requested a review of another permit with the U.S. Army Corps of Engineers.
In the ruling, Judges Eric Clay and Karen Moore argued that the groups risk irreparable harm if pipeline construction begins before the justices decide their case. The company’s plans would cover dozens of streams and wetlands, where construction could cause long-lasting damage to waterways and wildlife, prosecutors allege.
Judge Amul R. Thapar said in a dissent that the court lacks jurisdiction over the state agency’s claim, and that the plaintiffs have not shown that they would suffer irreparable harm or that their case is likely to succeed.
TVA’s plans to expand its natural gas fleet have led to additional lawsuits, including over the Federal Energy Regulatory Commission’s approval of the Cumberland Pipeline.
Another lawsuit alleges that TVA’s environmental review of the Cumberland plant was perfunctory and contrary to law. A separate challenge challenges decision-making over a planned 1,500-megawatt natural gas plant with 4 megawatts of solar and 100 megawatts of battery storage at the Kingston Fossil Plant, the site of a massive 2008 coal ash disaster. Late last month, a judge dismissed another lawsuit alleging TVA’s process for approving plans for gas turbines at a retired coal-fired power plant in New Johnsonville was challenged.
The groups suing over gas expansion plans note that TVA is not on track to meet the Biden administration’s goal of eliminating carbon pollution from power plants by 2035 and limiting the effects of climate change, even as a majority of board was appointed by President Joe Biden. . Several of TVA’s proposals for new natural gas plants have drawn criticism from the U.S. Environmental Protection Agency, including a warning that the Kingston project’s environmental review does not comply with federal law.
TVA CEO Jeff Lyash has said repeatedly that gas is necessary because it can provide power whether the sun is shining or the wind is blowing. He added that it will improve coal emissions and provide the flexibility needed to add 10,000 megawatts of solar energy to the overall system by 2035. TVA has a target of an 80% reduction in carbon emissions from 2005 levels by 2035 and net zero emissions by 2035. 2050.
TVA provides power to 10 million people in seven southern states.
