SIERRA CLUB; APPALACHIAN VOICES v. TENNESSEE DEPARTMENT OF ENVIRONMENT AND CONSERVATION, et al. - Articles

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SIERRA CLUB; APPALACHIAN VOICES v. TENNESSEE DEPARTMENT OF ENVIRONMENT AND CONSERVATION, et al.

Posted by: Azya Thornton on Apr 4, 2025

Court: 6th Circuit Court (Published Opinions)

Attorneys 1: ARGUED: Derek O. Teaney, APPALACHIAN MOUNTAIN ADVOCATES, Lewisburg, West Virginia, for Petitioners.

Attorneys 2: ARGUED: Wilson S. Buntin, OFFICE OF THE TENNESSEE ATTORNEY GENERAL, Nashville, Tennessee, for Respondents.

Attorneys 3: ARGUED: David A. Super, BRACEWELL LLP, Washington, D.C., for Intervenor.

Attorneys 4: ON BRIEF: Derek O. Teaney, APPALACHIAN MOUNTAIN ADVOCATES, Lewisburg, West Virginia, James S. Whitlock, Spencer Scheidt, SOUTHERN ENVIRONMENTAL LAW CENTER, Asheville, North Carolina, Stephanie Biggs, SOUTHERN ENVIRONMENTAL LAW CENTER, Nashville, Tennessee, for Petitioners.

Attorneys 5: ON BRIEF: Wilson S. Buntin, Joseph Ahillen, Harrison G. Kilgore, OFFICE OF THE TENNESSEE ATTORNEY GENERAL, Nashville, Tennessee, for Respondents.

Attorneys 6: ON BRIEF: David A. Super, Kevin A. Ewing, BRACEWELL LLP, Washington, D.C., Bartholomew J. Kempf, Lela M. Hollabaugh, BRADLEY ARANT BOULT CUMMINGS LLP, Nashville, Tennessee, Scott Burnett Smith, Schyler B. Burney, BRADLEY ARANT BOULT CUMMINGS LLP, Huntsville, Alabama, Emily M. Ruzic, BRADLEY ARANT BOULT CUMMINGS LLP, Birmingham, Alabama, for Intervenor.

Judge(s): MOORE, CLAY, and THAPAR, Circuit Judges

Court Appealed: Review of an Order of the Tennessee Department of Environment and Conservation’s § 401 Water Quality Certification and Aquatic Resource Alteration Permit

CLAY, Circuit Judge. Environmental groups Sierra Club and Appalachian Voices (collectively, “Petitioners”) petition for review of Respondent Tennessee Department of Environment and Conservation’s (“TDEC”) order issuing a water quality certification to Intervenor-Respondent Tennessee Gas Pipeline Company, L.L.C. (“TGP”) pursuant to § 401 of the Clean Water Act (“CWA”), 33 U.S.C. § 1341(a), for TGP’s proposed Cumberland Pipeline (the “Pipeline”). For the reasons set forth below, we DENY the petition for review.

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