Description: Challenge to long-term contracts for electricity between Tennessee Valley Authority and local utilities.
Protect Our Aquifer v. Tennessee Valley Authority
Filing Date Type File Action Taken Summary 08/12/2021 Order Download Motion to dismiss denied. Tennessee Federal Court Allowed Conservation Groups to Proceed with Challenge to TVA Long-Term Contracts. The federal district court for the Western District of Tennessee denied the Tennessee Valley Authority’s (TVA’s) motion to dismiss a lawsuit challenging long-term contracts for electricity between TVA and local utilities. The court concluded that the plaintiffs—three conservation groups—had standing for their claims under the TVA Act of 1933 and NEPA, and also that the court had the authority to review whether the long-term contracts violated the TVA Act. The plaintiffs’ allegations include that the long-term agreements will result in greater emissions of greenhouse gases and other pollutants because insulation from a competitive market will constrain development of renewable energy. The complaint also alleges that the long-term agreements are likely to result in increased energy consumption and will therefore exacerbate greenhouse gas emissions and other impacts. 08/17/2020 Complaint Download Complaint filed.