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SHERWOOD v. TENNESSEE VALLEY AUTHORITY

No. 15-6161.

842 F.3d 400 (2016)

Donna W. SHERWOOD; Jerome D. Pinn; Vance Sherwood; Anthony Billingsley; Jennifer Peet; Richard Eugene Williams; Frank L. Oakberg; Bonnie E. Oakberg; Gerry M. Williams; Harold P. Sloves; Felicitas K. Sloves; Sheila D. Booe; Thomas R. Warren, Jr.; Jeffrey G. See, Plaintiffs-Appellants, v. TENNESSEE VALLEY AUTHORITY, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: November 17, 2016.

Attorney(s) appearing for the Case

ARGUED: Donald K. Vowell , VOWELL LAW FIRM, Knoxville, Tennessee, for Appellants. Frances Regina Koho , TENNESSEE VALLEY AUTHORITY, Knoxville, Tennessee, for Appellee. ON BRIEF: Donald K. Vowell , VOWELL LAW FIRM, Knoxville, Tennessee, for Appellants. Frances Regina Koho , Edwin W. Small , Maria V. Gillen , TENNESSEE VALLEY AUTHORITY, Knoxville, Tennessee, for Appellee.

Before: ROGERS and KETHLEDGE, Circuit Judges; MALONEY, District Judge.

OPINION

This case is before the Sixth Circuit for the second time. Sherwood and the other plaintiffs-appellants claim that TVA was arbitrary and capricious when it implemented a new, mandatory policy to cut down all trees capable of reaching fifteen feet within its right of ways without conducting any environmental...

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