TVA Faces Legal Action Over Clean Air Act Violations at Kingston Coal and Gas Plants

TVA Reverses Coal Plant Retirement Plan, Set to Operate Coal and Gas Plants Simultaneously

Kingston, Tennessee — On July 20, the Southern Environmental Law Center (SELC), on behalf of Appalachian Voices and the Sierra Club, issued a notice of intent to sue the Tennessee Valley Authority (TVA). The notice alleges that TVA violated the Clean Air Act by proceeding with construction of a new methane gas plant adjacent to the Kingston coal plant without obtaining a 'major source' permit. The notice gives TVA 60 days to correct the violations or face a lawsuit.

Originally slated for retirement in 2024, the 70-year-old Kingston coal plant will now continue operating after TVA reversed its decision in February 2026. The agency plans to run both the coal plant and the new gas plant concurrently. While TVA acknowledged that operating both facilities would require a 'major source' permit—including environmental impact assessments and pollution control equipment—it has instead advanced the gas plant construction under a 'minor modification' permit. Additionally, TVA has allocated hundreds of millions of dollars to upgrade the coal plant. Environmental groups argue that these actions violate the Clean Air Act and could exacerbate air pollution in East Tennessee.

The Kingston coal plant and the proposed methane gas plant are projected to emit thousands of tons of harmful air pollutants annually, including substances linked to asthma, heart disease, respiratory illnesses, and cancer. In 2024, TVA had stated that continued operation of its coal fleet posed 'environmental, economic, and reliability risks,' describing the Kingston plant as facing 'unpredictable and costly reliability challenges.'

Environmental Groups Accuse TVA of Evading Legal Responsibilities

Delaney King, an attorney with the Southern Environmental Law Center, stated that TVA has long contributed to air and water pollution in the Kingston area and is now forcing residents to endure the combined pollution from both coal and gas plants. 'TVA is disregarding its obligation under the Clean Air Act to protect public health and is deliberately evading its legal responsibilities,' King said. 'If TVA fails to correct these violations within 60 days, we will take legal action.'

Bri Knisley, Public Power Campaign Director for Appalachian Voices, criticized TVA’s decision in February 2026 to extend the Kingston coal plant’s lifespan without public input, citing the need to meet electricity demand from data centers. 'TVA’s decision will saddle households in the Tennessee Valley with hundreds of millions of dollars in additional costs,' Knisley said. 'TVA must comply with the law and cannot place itself above air quality standards.'

TVA estimates that keeping the Kingston coal plant operational and bringing it into compliance with regulations will cost over $636 million, expenses that will ultimately be passed on to households in the Tennessee Valley through monthly power bills. Cynthia Willet, Conservation Chair of the Sierra Club’s Tennessee Chapter, noted that TVA had used the planned retirement of coal plants as justification for expanding gas infrastructure but has since backtracked on those retirement commitments. 'TVA’s actions force residents to bear the costs of the gas plant, pipelines, and aging coal plant upkeep—all to power the AI data center boom,' Willet said.

Environmental Groups Closely Monitor TVA’s Next Steps

Last month, environmental groups issued a similar warning to TVA over Clean Air Act violations at the Cumberland Fossil Plant in Cumberland City, Tennessee. The Southern Environmental Law Center stated that if TVA does not address the violations at the Kingston gas plant within 60 days, a lawsuit will be filed. This case highlights the legal and environmental challenges TVA faces during its energy transition.

The Kingston coal plant was the site of a major coal ash spill in 2008, which caused long-term environmental damage to the area. Environmental groups are urging TVA to strictly adhere to the Clean Air Act to prevent further threats to public health.

Environmental Groups Warn TVA Over Clean Air Act Violations at Kingston Coal and Gas Plants

TVA Reverses Coal Plant Retirement Plan, Set to Operate Coal and Gas Plants Simultaneously

Environmental Groups Accuse TVA of Evading Legal Responsibilities

Environmental Groups Closely Monitor TVA’s Next Steps

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