Sherwood v. Tennessee Valley Authority

MEMORANDUM OPINION

THOMAS A. VARLAN, Chief Judge.

This civil action came before the Court upon remand by the Court of Appeals for the Sixth Circuit [Doe. 228]. On appeal, plaintiffs argued defendant Tennessee Valley Authority (“TVA”) did not file the correct administrative record for plaintiffs’ National Environmental Policy Act (“NEPA”) claim. In reviewing plaintiffs’ NEPA claim, the Sixth Circuit found TVA had implemented a new rule relating to its vegetation-management practices, specifically that TVA would remove from its easements all trees that are taller, or will mature at a height…