KENTUCKY COAL ASS'N v. TENNESSEE VALLEY AUTHORITY

No. 15-5163.

804 F.3d 799 (2015)

KENTUCKY COAL ASSOCIATION, INC.; James Rogers, III; J.L. Rogers Family, LLC; Talmage Rogers; Talmar of FL, LLC; Pat Early; Kirstine Early; Buckingham Hollow, LLC; Kevin Lawrence; Big Bucks, LLC, Plaintiffs-Appellants, v. TENNESSEE VALLEY AUTHORITY, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: October 23, 2015.


Attorney(s) appearing for the Case

ARGUED: Donald J. Kelly , Wyatt, Tarrant & Combs, LLP, Louisville, Kentucky, for Appellants. Frances Regina Koho , Tennessee Valley Authority, Knoxville, Tennessee, for Appellee. ON BRIEF: Donald J. Kelly , Lisa C. DeJaco , Wyatt, Tarrant & Combs, LLP, Louisville, Kentucky, for Appellants. Frances Regina Koho , Maria V. Gillen , Tennessee Valley Authority, Knoxville, Tennessee, for Appellee.

Before: BOGGS, SUTTON, and COOK, Circuit Judges.


OPINION

When the Tennessee Valley Authority decided to switch from coal to natural-gas generation at one of its power plants in Kentucky, many local landowners were not happy. They thought that the conversion would damage the local economy and harm the environment to boot. Any judicial power to halt such a project...

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