National Parks Conservation Ass'n v. Tennessee Valley Authority

MEMORANDUM OPINION

HOPKINS, District Judge.

Plaintiffs National Parks Conservation Association, Inc. (“NPCA”) and Sierra Club, Inc. (“Sierra Club”) 1 have filed an action under the citizen suit provision of the Clean Air Act (“CAA” “the Act”), 42 U.S.C. § 7604(a) (2000) which, in three (3) separate Causes of Action, asserts Tennessee Valley Authority (“TVA”) violated the CAA by its 1982 work at the Colbert Unit 5 plant (“the work”). NPCA says the work constituted a “modification” under the CAA, triggering the New Source Performance Standards (“NSPS”), Non-Attainment New Source Review (“NNSR”)…