The Sixth Circuit Court of Appeals on Friday granted a request by the Tennessee Valley Authority (TVA) to vacate a lower court decision that threatened construction of a $2.5 billion natural gas power plant in August, determining the publicly owned utility was likely to prevail in its appeal.
Proposed in 2024 to replace the TVA’s coal plant in Kingston, U.S. District Judge Curtis Collier, who was appointed by former President Bill Clinton, ruled in August that TVA failed to consider a legally sufficient number of alternatives, and determined TVA improperly committed to natural gas by agreeing to build a pipeline for the new facility.
In a defeat for the plaintiffs, Appalachian Voices, the Center for Biological Diversity and the Sierra Club, and their attorneys at the Southern Environmental Law Center (SELC), the appellate panel unanimously found TVA was likely to prevail on its appeal, noting the selection process lasted from 2021 until the plan to retire the coal plant in Kingston with a natural gas plant was chosen in April 2024.
“TVA likely has the better of the argument on the merits,” the judges wrote, stating that Collier “likely misunderstood” the phrase “range of alternatives” as it appears in the National Environmental Policy Act (NEPA), “misread” the agreement TVA signed to construct a pipeline, and “wrongly” set aside the utility’s environmental approval.
The panel also cited TVA’s argument that a construction block could increase costs by $625 million and disrupt employment for 2,000 workers in its decision.
“Yet the Conservation Groups never sought a preliminary injunction. So the Kingston project has continued throughout the two year life of this case,” noted the court. “Due to supply-chain issues, TVA now estimates that it cannot complete the project before December 2028. It is about half finished.”
Notably, months before Collier submitted his decision that threatened the power plant’s construction, TVA announced it would continue operating its coal facility in Kingston while also building the new facility, citing the Trump administration’s policy of prioritizing domestic energy production.
The TVA made a similar announcement in June about its Cumberland coal plant, which it said it will revitalize in a process estimated to cost about $116 million.
TVA board members appointed by President Donald Trump have held a majority since March.
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Tom Pappert is a 2025 recipient of the Dao Prize and the lead reporter for The Tennessee Star. He also reports for the Star News Network. Follow Tom on X. Email tips to [email protected].
Photo “TVA Facility” by TVA.
