Sherwood v. Tennessee Valley Authority

OPINION

ROGERS, Circuit Judge.

This case is before the Sixth Circuit for the second time. Sherwood and the other plaintiffs-appellants claim that TVA was arbitrary and capricious when it implemented a new, mandatory policy to cut down all trees capable of reaching fifteen feet within its right of ways without conducting any environmental review, as required by the National Environmental Policy Act, On Sherwood’s first appeal, we held that TVA had not submitted an administrative record for the new policy and remanded the case so that TVA could compile the record, and so that the district court…