ENERGY AND POLICY INSTITUTE v. TENNESSEE VALLEY AUTHORITY - Articles

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ENERGY AND POLICY INSTITUTE v. TENNESSEE VALLEY AUTHORITY

Posted by: Azya Thornton on May 8, 2026

Court: 6th Circuit Court (Published Opinions)

Attorneys 1: ARGUED: Allison Kole, ENERGY AND POLICY INSTITUTE, El Verano, California, for Appellant.

Attorneys 2: ARGUED: Lane E. McCarty, TENNESSEE VALLEY AUTHORITY, Knoxville, Tennessee, for Appellee.

Attorneys 3: ON BRIEF: Allison Kole, Zehava Robbins, ENERGY AND POLICY INSTITUTE, El Verano, California, Chris Irwin, Knoxville, Tennessee, for Appellant.

Attorneys 4: ON BRIEF: Lane E. McCarty, David D. Ayliffe, TENNESSEE VALLEY AUTHORITY, Knoxville, Tennessee, for Appellee.

Attorneys 5: Mahesha P. Subbaraman, SUBBARAMAN PLLC, Minneapolis, Minnesota, O.W. “Terry” Bussey, SOUTHERN ENVIRONMENTAL LAW CENTER, Nashville, Tennessee, for Amici Curiae.

Judge(s): KETHLEDGE, LARSEN, and BLOOMEKATZ, Circuit Judges

Court Appealed: United States District Court for the Eastern District of Tennessee at Knoxville

LARSEN, Circuit Judge. Watchdog organization Energy and Policy Institute (EPI) sought documents concerning industry groups and an insurance policy from the Tennessee Valley Authority (TVA) under the Freedom of Information Act (FOIA). TVA released some documents, partially redacted some, and withheld others. EPI sued. In the course of litigation, TVA released more documents. The district court granted summary judgment to TVA on the remaining documents. EPI sought fees for its role in securing the mid-litigation release of documents, which the district court denied. EPI appeals both the grant of summary judgment and the denial of fees. We AFFIRM in part, REVERSE in part, and REMAND for further proceedings.

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