TVA Sued for Violating Federal Clean Air Act at Its Cumberland Fossil Plant

Two environmental groups, Appalachian Voices and the Sierra Club, have sued the Tennessee Valley Authority (TVA) over air pollution at its Cumberland power plant site in Cumberland City, Tennessee. TVA had promised to retire its Cumberland coal plant by the end of 2028 in exchange for permission to build a new gas plant there. But in February 2026, TVA reversed course, deciding to spend more than $730 million to keep the aging coal plant running alongside the new gas plant. Running both together significantly increases pollution, which normally requires a stricter "major source" permit under the federal Clean Air Act. TVA started operating the gas plant without that permit anyway.

The lawsuit, filed by the Southern Environmental Law Center on behalf of the two groups, argues this move lets TVA dodge tougher pollution limits and skip a full review of the air quality impact on Middle Tennessee communities. Combined, the two plants can release large amounts of smog-forming and lung-irritating pollutants each year, pollutants linked to asthma, heart disease, and other health problems. State regulators acknowledged TVA's actions were unlawful but reached a settlement critics say doesn't fix the problem.

For homeowners, this is a reminder that TVA's decision to keep an old coal plant running alongside a new gas plant will add costs to the system, costs TVA says will show up on customers' monthly power bills in the Tennessee Valley region. The case is now in federal court in the Middle District of Tennessee.