U.S. Court of Appeals for the Sixth Circuit
Tenn. Clean Water Network v. Tenn. Valley Auth.
Panel
The judges who heard this appeal.
- Senior Judge Richard Fred Suhrheinrich
- Judge Eric L. Clay
- Senior Judge Julia Smith Gibbons
Case history
-
Sept. 24, 2018decided Decision issued in Tenn. Clean Water Network v. Tenn. Valley Auth.
Opinions and writings
SUHRHEINRICH, Circuit Judge. *438I. INTRODUCTION Defendant Tennessee Valley Authority ("TVA" or "Defendant") operates a coal-fired electricity-generating plant, the Gallatin Fossil Plant ("Gallatin plant"), on a part of the Cumberland River known as Old Hickory Lake, a popular recreation spot. The Gallatin plan…
RECOMMENDED FOR FULL-TEXT PUBLICATION Pursuant to Sixth Circuit I.O.P. 32.1(b) File Name: 18a0214p.06 UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT TENNESSEE CLEAN WATER NETWORK; TENNESSEE ┐ SCENIC RIVERS ASSOCIATION, │ Plaintiffs-Appellees, │…
CLAY, Circuit Judge, dissenting. Can a polluter escape liability under the Clean Water Act ("CWA"), 33 U.S.C. §§ 1251 - 1387, by moving its drainage pipes a few feet from the riverbank? The *448Fourth and Ninth Circuits have…