Tennessee Valley Authority v. United States Environmental Protection Agency

BARKETT, Circuit Judge:

Pursuant to the Clean Air Act (CAA), 42 U.S.C. § 7607(b), the Tennessee Valley Authority (TVA), joined by a number of private power companies and industry associations, petitions for review of three orders issued to it by the Environmental Protection Agency (EPA).1 Centrally at *1188issue in these orders is EPA’s determination that certain maintenance and repair projects conducted by TVA at many of its coal-fired power plants in the past twenty years constituted “modifications” that required TVA to obtain pre-construction permits and to bring the plants into compliance with…