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NPCA,
Sierra Club File Lawsuits Against TVA
The National Parks
Conservation Association filed a lawsuit against TVA’s John Sevier
and Kingston Fossil Plants in October 2000. The lawsuit charges opacity
violations at both plants. (“Opacity” is the term used to
describe the density and makeup of the plume or emission cloud coming
from a plant’s stacks.)
Both of these
plants have fully complied with the permits issued them by the State
of Tennessee and with applicable regulatory requirements. For the time
period covered by the lawsuit, the Tennessee Department of Environment
and Conservation has determined that there have been no violations at
either plant. Trial is currently scheduled to commence in September
2001.
In December 2000,
the National Parks Conservation Association and the Sierra Club filed
two lawsuits against TVA alleging that maintenance projects at TVA’s
Bull Run and Colbert Unit 5 fossil plants violated the Clean Air Act.
These are the same allegations made by EPA in the administrative order
issued to TVA by EPA on November 3, 1999.
EPA argues that
TVA has violated the Clean Air Act under the new source review requirements
over the last 20 years as it has routinely maintained its power plants.
TVA argues that its maintenance practices have always complied with
the Clean Air Act. TVA sued EPA in the 11th Circuit Court of Appeals
in May 2000. Upon TVA’s request, the Court of Appeals set aside,
or stayed, the EPA order in August 2000.
TVA has requested
a stay of the two lawsuits until the 11th Circuit Court of Appeals issues
its decision on the EPA administrative order. Oral argument in the 11th
Circuit proceeding is expected in late spring or early summer, with
a decision from the Court in late summer or early fall.
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