Court order stops construction of TVA’s Cumberland Pipeline

NASHVILLE, Tenn. — The U.S. Court of Appeals for the Sixth Circuit has paused two essential water permits for the proposed Cumberland Gas Pipeline, which would cut through parts of Dickson, Houston, and Stewart Counties in Middle Tennessee. The stays, which freeze the permits until the court issues final rulings sometime next year, were issued late Friday afternoon and halt pipeline construction activities.

The methane gas pipeline would serve the Tennessee Valley Authority’s proposed Cumberland Gas Plant and would be built by Tennessee Gas Pipeline Company, LLC. Construction on the pipeline was scheduled to begin as early as this week, even though both the proposed Cumberland Plant and Pipeline are at the center of several pending court challenges.

The pipeline is a part of TVA’s nearly $9 billion gas spending spree, which will saddle families across the Tennessee Valley with higher power bills and force them to pay volatile fossil fuel prices for decades to come. The federal utility has already raised rates twice in the last year, in part to fund its massive gas expansion.

Methane gas pipelines like the proposed Cumberland Pipeline are inherently risky infrastructure. The proposed pipeline would cross scores of Middle Tennessee streams and wetlands using environmentally harmful trenching methods. At some crossings, Tennessee Gas Pipeline company plans to use explosives in order to build the pipeline across the waterbodies, doing significant and long-lasting damage to these waters and the communities and wildlife that rely on them.

Last year, the Southern Environmental Law Center and Appalachian Mountain Advocates, on behalf of Appalachian Voices and the Sierra Club, asked a federal court of appeals to review a state-issued water quality permit for the Cumberland Pipeline. In September of this year, these parties also sought review of a federally-issued water quality permit for the pipeline.

In response to the order, SELC, Appalachian Voices, and the Sierra Club issued the following statements:

“We are glad the court recognizes the irreparable damage the Cumberland Pipeline threatens to do to Tennessee waterways and has paused construction until these appeals are resolved,” SELC Senior Attorney Jamie Whitlock said. “These water permits for the pipeline were rubberstamped and ignore the long-lasting harm construction of this pipeline will cause.”

“The Cumberland Pipeline poses a major, unnecessary risk to important aquatic habitat in Tennessee, as well as the health and safety of our communities. We are glad to see that pipeline construction will be halted — the Clean Water Act permits that have been obtained by TGP need a much closer look,” said Appalachian Voices Director of Public Power Campaigns Bri Knisley.

“The stay of these two permits, which postpones construction that was set to begin this week, vindicates the deep concerns of the Cumberland community about the safety of their local ecosystems. This pause is a crucial opportunity to rethink the risks of fossil fuel development and prioritize the health and environment of Cumberland and our region.” said Emily Sherwood, Sierra Club Senior Campaign Organizer.