Jump to Navigation
Jump to Content

National Parks & Conservation Ass'n v. Tennessee Valley Auth.

ELR Citation: 37 ELR 20256
Nos. No. 06-10729, (11th Cir., 10/04/2007)

The Eleventh Circuit upheld the dismissal of conservation groups' citizen suit action against the Tennessee Valley Authority (TVA) for alleged Clean Air Act violations in connection with work it performed in the early 1980s on a coal-fired boiler at its power plant in Colbert County, Alabama. The lower court properly dismissed the groups' claims that TVA violated various new source review requirements by failing to obtain construction permits and install emission controls at the plant. Because TVA had done no work on the unit in question in the five-year period immediately preceding the filing of the complaint, these claims are barred by the statute of limitations. The groups also argued that TVA's operation of the plant violated the new source performance standards on a daily basis for nearly 20 years. The lower court properly dismissed this claim for failing to provide proper pre-suit notice. The groups' notice letter broadly alleged daily violations of an entire set of regulations without specifically identifying the individual alleged violations and dates.