The Tennessee Valley Authority is closing in on a gas-for-coal swap at its Cumberland plant after the D.C. Circuit Court of Appeals rejected environmental groups’ arguments against FERC’s environmental review (24-1099).
The court concluded that FERC met its due diligence under the National Environmental Policy Act and the Natural Gas Act and denied the Sierra Club and Appalachian Voices’ petition.
TVA plans to retire the pair of coal units at its 2,470-MW Cumberland Fossil Plant and replace one with a 1,450-MW natural gas turbine, which would draw on a new 32-mile pipeline built by Tennessee Gas Pipeline.
Sierra, joined by Appalachian Voices, filed a lawsuit over FERC’s assessment of the project, arguing the commission incorrectly credited the pipeline with aiding emissions reductions, conducted a flawed “no-action alternative” analysis, and should have evaluated the plant and pipeline as connected elements (CP22-493). (See TVA’s Cumberland Coal-to-gas Plans Press on over Resistance.)
The group argued that TVA would retire coal generation regardless of the gas turbine construction. But the D.C. Circuit drew on TVA’s wording that absent a replacement generation source, it “would need to continue operating the coal-fired units.”
The court said FERC did not slip up when it grouped the coal unit retirement and emissions from the new gas turbine in its downstream emissions analysis. It also said FERC properly considered the pipeline essential to the project.
Sierra also contended FERC should not have attributed the gas unit with emissions offsets beyond 2035 because that is the latest year Cumberland coal units would operate. It said FERC incorrectly used a decade of emissions comparison from 2036 through 2045.
The court responded that TVA’s plans “do not exist in a vacuum.”
“Without a replacement generation source with requisite fuel, the TVA might instead upgrade and operate the coal-fired unit well into the future, as the TVA’s no-action alternative contemplated. So even though the TVA hopes to replace its coal-fired units by 2035, FERC made the reasonable choice to credit the pipeline with a net emissions reduction covering the entire forecast period,” the D.C. Circuit said.
“Could FERC have taken a different approach? Perhaps. But we must ‘defer to agencies’ decisions about where to draw the line’ in their analyses of ‘indirect environmental effects,’” the court said, citing previous case law.
The court likewise brushed aside Sierra’s concerns that FERC estimated emissions annually rather than cumulatively. It said “anyone with a calculator — or the ability to perform basic addition” — could perform the conversions and characterized the omission as a “harmless error” at worst.
The court also said the group could not have it both ways by arguing that the pipeline would cause downstream emissions while simultaneously claiming it would not help ease emissions by making a coal retirement possible. It added that it could not criticize FERC for “reasonably” assuming that the gas turbine would be built even if the 32-mile pipeline were rejected.
The D.C. Circuit said FERC properly decided there was a market need for the project because of TVA’s 20-year agreement with Tennessee Gas to purchase all pipeline capacity. The court pointed out that TVA and Tennessee Gas are not affiliated, and Sierra did not allege self-dealing.
The court disagreed that FERC should have better scrutinized the market need for the pipeline because TVA is not state-regulated.
“Though the TVA is not subject to state supervision, it is hardly a rogue entity. The TVA must follow a statutorily prescribed ‘least-cost planning’ framework in making investment decisions; it is subject to congressional oversight and must annually notify Congress of any ‘major new energy resource’; and its investment decisions are subject to public notice and comment,” the D.C. Circuit said.
The court ruled that FERC was not obligated to contemplate evidence about clean energy subsidies accessible under the Inflation Reduction Act or weigh TVA’s choice of natural gas over a renewable alternative, as Sierra argued.
“The Sierra Club is entitled to the expansive view of NEPA … and it is free to argue for robust judicial scrutiny of environmental impact statements. But the Sierra Club’s understanding of NEPA is not shared by the Supreme Court,” the D.C. Circuit said.
The court said the Supreme Court “repudiated” similar arguments raised in 2025’s Seven County Infrastructure Coalition v. Eagle County, Colorado, a case centered on approval of an 88-mile railroad line connecting Utah’s oil-rich Uinta Basin to the national freight rail network.
“After Seven County, the era of searching NEPA review is over — or at least it should be,” the court said.