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TN CLEAN WATER NETWORK v. TN VALLEY AUTHORITY

No. 17-6155.

913 F.3d 592 (2019)

TENNESSEE CLEAN WATER NETWORK; Tennessee Scenic Rivers Association, Plaintiffs-Appellees, v. TENNESSEE VALLEY AUTHORITY, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: January 17, 2019.

Attorney(s) appearing for the Case

ON PETITION FOR REHEARING EN BANC: Frank S. Holleman, III , Nicholas S. Torrey , Leslie Griffith , SOUTHERN ENVIRONMENTAL LAW CENTER, Chapel Hill, North Carolina, Amanda Garcia , Anne E. Passino , SOUTHERN ENVIRONMENTAL LAW CENTER, Nashville, Tennessee, Michael S. Kelley , Briton S. Collins , KENNERLY, MONTGOMERY & FINLEY, P.C., Knoxville, Tennessee, for Appellees. ON RESPONSE IN OPPOSITION: David D. Ayliffe , James S. Chase , F. Regina Koho , Lane E. McCarty , TENNESSEE VALLEY AUTHORITY, Knoxville, Tennessee, for Appellant.

STRANCH, J. (pp. 593-95), delivered a separate dissenting opinion in which COLE, C.J., and MOORE, CLAY, WHITE, and DONALD, JJ., joined. A copy of Judge Clay's dissent to the court's opinion of September 24, 2018 is appended, (app. 595-603).

ORDER

The court received a petition for rehearing en banc. The original panel has reviewed the petition for rehearing and concludes that the issues raised in the petition were fully considered upon the original submission and decision. The petition then was circulated to the full court. Less than a majority of the judges voted in favor of rehearing en banc.

Therefore, the petition is denied.

Judge...

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