Legal Opinion

Tenn. Clean Water Network v. Tenn. Valley Auth.

Court of Appeals for the Sixth Circuit

Decided January 17, 2019No. 17-6155Published

1Opinion of the Court

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 Clay would grant rehearing for the reasons stated in his dissent.

DISSENT

2Dissent · StranchJane B. Stranch, Circuit Judge

In seeking to harmonize the Clean Water Act (CWA) and the Resource Conservation and Recovery Act (RCRA), the majority opinion in this…

Also in this document: Dissent · Clay.

3Cases cited27 opinions

  1. Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 1984
  2. United States v. Mead Corp.Supreme Court of the United States · 2001
  3. City of Burlington v. DagueSupreme Court of the United States · 1992
  4. National Cable & Telecommunications Assn. v. Brand X Internet ServicesSupreme Court of the United States · 2005
  5. Whitman v. American Trucking Assns., Inc.Supreme Court of the United States · 2001

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