Court pauses construction of 32-mile pipeline in Middle Tennessee

Oct 17, 2024

A federal court has blocked the construction of a proposed 32-mile natural gas pipeline through Middle Tennessee that was set to begin as early as Tuesday.

The U.S. Sixth Circuit Court of Appeals on Friday paused two permits needed to start installing the pipeline while a lawsuit brought in May by conservationist groups continues to play out in court.

The groups, the Sierra Club and Appalachian Voices, argue that the infrastructure company charged with constructing the 30-inch-wide pipeline plans to use environmentally risky methods that will cause significant and long-lasting damage to dozens of waterways in Dickson, Houston and Stewart counties. Tennessee Gas Pipeline Company, a subsidiary of energy giant Kinder Morgan, says the pipeline is needed to shift the TVA's Cumberland City plant away from coal and toward cleaner-burning natural gas.

Two members of a three-judge panel from the federal appeals court ruled that there was a risk of "irreparable harm" if the Tennessee Gas Pipeline Company was allowed to begin construction without fully considering the case.

"Accordingly, to provide sufficient time for this Court to consider the merits of these petitions, we grant Petitioners’ motions for stay pending review," Judges Karen Nelson Moore and Eric L. Clay wrote. Judge Amul R. Thapar, one of the circuit's most conservative jurists, dissented.

The decision temporarily nullifies two permits the company needs to start installing the pipeline, which a senior attorney at the Southern Environmental Law Center (SELC) claims were "rubberstamped."

“We are glad the court recognizes the irreparable damage the Cumberland Pipeline threatens to do to Tennessee waterways and has paused construction until these appeals are resolved,” Jamie Whitlock, a senior attorney at SELC, which is representing the environmental groups, said in a news release. “These water permits for the pipeline were rubberstamped and ignore the long-lasting harm construction of this pipeline will cause.”

Emily Sherwood, a senior campaign organizer at the Sierra Club, said the ruling vindicates deep concerns she says the Cumberland community has about the safety of local ecosystems.

"This pause is a crucial opportunity to rethink the risks of fossil fuel development and prioritize the health and environment of Cumberland and our region," Sherwood said in the news release.

The ruling frustrates the plans of the company, which had planned to start construction on Oct. 15 at the earliest, according to the court ruling. A Kinder Morgan spokesperson said the company is evaluating its options to get the project done on schedule, but it's unclear what that might look like.

"We do not agree with the court’s temporary stay and are evaluating our options to ensure this project can be constructed in a timely manner," the statement from the Kinder Morgan spokesperson says. "TGP’s project is critical to support the retirement and conversion of coal-fired power generation in Tennessee to natural gas-fired power generation, which the Federal Energy Regulatory Commission concluded will result in a net reduction of greenhouse gas emissions at the state and national levels."

The case is not over, with arguments scheduled for Dec. 10.

"In granting these stay requests, we are mindful that further consideration by the Court may yield additional insights which cast doubt on our initial view," the two-judge majority wrote.

TVA did not respond to a request for comment.

This story has been updated to add video.

Evan Mealins is the justice reporter for The Tennessean. Contact him at [email protected] or follow him on X, formerly known as Twitter, @EvanMealins.