The TVA has asked the U.S. Court of Appeals for the Sixth Circuit to review an August 4 Order by the U.S. District Court for the Middle District of Tennessee to dig up and remove coal ash from its Gallatin, Tennessee site.  In response to a lawsuit filed by conversation groups in April of 2015, the U.S. District Court agreed that violations of the Clean Water Act mandated “closure by removal” of the coal ash.  According to the TVA, the estimated cost to dig up and move the coal ash from its current location is $2 billion.  TVA officials have asserted that overturning the district court decision would allow the power authority to consider other approaches to comply with the federal requirements including “closing in place, or removal to another, lined, onsite location.”  Ultimately, the TVA’s choice of remedy will require court approval, and either option would take an estimated 24 years to complete.

For more information, please contact Phillip Hoover.