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Center for Biological Diversity v. Tennessee Valley Authority

ELR Citation: 50 ELR 20227
Nos. 3:18-cv-1446-LCB, (N.D. Ala., 09/30/2020) (Burke, J.)

A district court dismissed for lack of standing a challenge to the Tennessee Valley Authority's (TVA's) rate change for customers in its seven-state service area. Environmental groups argued that TVA violated NEPA by enacting the rate change based on a deficient EA, by failing to consider the environmental impacts of the change along with the reduction in its distributed generation rate paid to customers who generate their own electricity, and by enacting the change before completing its 2019 integrated resource plan. The court found that the groups failed to establish any nexus between the rate change and increased pollution at a specific power plant, and failed to prove the change had the indirect effect of disincentivizing distributed energy resource investment that would then lead to an increase in fossil fuel use, and thus lacked standing. It therefore dismissed the suit without prejudice.