A Tennessee natural gas project has been blocked by a federal judge, for now

A federal appeals panel has temporarily suspended two permits needed to begin construction of a pipeline project in Tennessee that would supply the natural gas hub.

In a split 2-1 decision, the 6th panel of the U.S. Circuit Court of Appeals ruled Friday that it is, for the time being, barring Tennessee Gas Pipeline Company LLC from starting construction of its 32-kilometer (50-kilometer) pipeline through Dickson, Houston and Stewart County.

The project will fuel the Tennessee Valley Authority’s integrated natural gas facility at the site of the decommissioned Cumberland Coal Residual Facility.

The Tennessee Gas Pipeline Company could begin construction as soon as Tuesday, according to court records.

TVA, meanwhile, plans to decommission its two-phase coal plant in two phases—one, by the end of 2026, to be replaced by a 1,450-megawatt natural gas plant that same year; and the second, closed at the end of 2028, options are still open for its installation.

“This recess is an important opportunity to rethink the dangers of fossil fuel development and prioritize the health and environment of Cumberland and our region,” said Emily Sherwood, senior campaign organizer for the Sierra Club, in a statement released Monday.

TVA’s plans to open more natural gas plants have angered advocates who want an immediate redirect away from fossil fuels and toward coal and other renewables, as TVA plans to retire all of its coal fleet by the mid-2030s.

The case is scheduled for oral arguments on December 10. If other appeals are filed and successful, the timeline can be reset again.

“We do not agree with the court’s temporary stay and are evaluating our options to ensure that this project can be built on time,” said the company’s parent company, Kinder Morgan, in a statement on Monday.

Spokesmen for the Tennessee Valley Authority and the Army Corps of Engineers declined to comment. Chad Kubis, a spokesman for the state attorney’s office, said officials are evaluating their next steps.

The Southern Environmental Law Center and Appalachian Mountain Advocates, on behalf of Appalachian Voices and the Sierra Club, asked the appeals court in August 2023 to reconsider the water quality permit issued by the Tennessee Department of Natural Resources and Conservation for the pipeline. In September, the groups requested an appeal review of another permit from the US Army Corps of Engineers.

In the decision, judges Eric Clay and Karen Moore argued that the parties risk irreparable harm if pipeline construction begins before the jury decides their case. The company’s plans would cross dozens of streams and wetlands, where construction could cause long-term damage to waterways and wildlife, plaintiffs argue.

Judge Amul R. Thapar, in dissent, argued that the court lacked jurisdiction to approve the federal agency’s claim, and that the plaintiffs had not shown they would suffer irreparable harm or that their case was likely to succeed.

TVA’s plans to expand its natural gas fleet have drawn other lawsuits, including the Federal Energy Regulatory Commission’s approval of the Cumberland pipeline.

Another lawsuit claims that the TVA’s environmental review of the Cumberland plant was just, in violation of the law. A separate challenge is to the proposed 1,500-megawatt natural gas facility with 4 megawatts of solar and 100 megawatts of battery storage at the Kingston Fossil Plant, the site of a 2008 coal ash spill. Late last month, a judge dismissed a separate lawsuit challenging TVA’s process for approving gas turbine projects at a retired coal plant in New Johnsonville.

Groups accused of gas expansion plans note that TVA is on track to meet the Biden administration’s goal of eliminating carbon pollution from power plants by 2035 to try to reduce the effects of climate change, even if the majority of the board was appointed by President Joe Biden. . Several of TVA’s proposals for new natural gas plants have drawn criticism from the US Environmental Protection Agency, including a warning that its environmental review of the Kingston project is inconsistent with federal law.

The CEO of TVA, Jeff Lyash, has repeatedly said that gas is needed because it can provide power regardless of whether the sun is hot or the wind is blowing. He added that it would improve emissions from coal and provide the flexibility needed to add 10,000 megawatts of solar to its overall system by 2035. TVA has a goal of reducing carbon emissions by 80% by 2035 from 2005 levels and net-zero emissions by 2050.

TVA provides power to 10 million people in seven Southern states.

-Jonathan Matise, The Associated Press