The Cumberland Gas Pipeline, a controversial infrastructure project slated to cut through Middle Tennessee, has hit a significant roadblock. On Friday, the U.S. Court of Appeals for the Sixth Circuit issued a stay on two essential water permits, effectively pausing the pipeline’s construction. The Sierra Club and Appalachian Voices, who brought the case, successfully argued that the permits issued by state and federal agencies failed to meet the stringent requirements of the Clean Water Act (CWA).
The court’s decision came just days before construction began, marking a pivotal moment in the ongoing legal battle surrounding the project. The pipeline would traverse over 149 water bodies across Dickson, Houston, and Stewart counties, and environmental advocates have raised alarms about the potential for long-term damage to local ecosystems. The temporary stay offers a reprieve for those concerned about the pipeline’s impact on Tennessee’s waterways and wetlands.
The Cumberland Gas Pipeline, proposed by Tennessee Gas Pipeline Company (TGP), is designed to transport methane gas to TVA’s Cumberland Gas Plant. This plant is part of TVA's broader $9 billion initiative to expand its natural gas infrastructure. However, the project has drawn sharp criticism from environmentalists and local communities, who argue that the pipeline poses an unacceptable risk to the region’s water quality and ecological balance.
Critics, including the Southern Environmental Law Center (SELC), Appalachian Voices, and the Sierra Club, have voiced concerns over the pipeline’s construction methods. According to the plans, TGP would use harmful trenching techniques, and in some areas, even explosives, to cross streams and wetlands, potentially causing significant environmental damage. “Methane gas pipelines like the proposed Cumberland Pipeline are inherently risky infrastructure,” the Southern Environmental Law Center stated in its press release. The groups also pointed out that methane, a potent greenhouse gas, contributes significantly to climate change, raising questions about the long-term environmental costs of such infrastructure projects.
Sierra Club and Appalachian Voices argued that both agencies rubberstamped these permits without adequately considering less harmful alternatives or assessing the pipeline's full environmental impact. Specifically, they contended that the agencies failed to explore trenchless construction methods, which could reduce damage to sensitive waterways.
In its ruling, the court found sufficient grounds to halt the project while the case’s merits were thoroughly reviewed. Circuit Judge Thapar dissented, questioning whether the court had jurisdiction over the state-law claims and whether the petitioners had shown enough evidence to justify the stay. However, the majority ruled that the potential for “irreparable harm” to the environment warranted immediate action.
The stay issued by the Sixth Circuit Court pauses the issuance of TDEC’s Section 401 water quality certification and the Corps’ Section 404 permit. This temporary order prevents TGP from progressing with construction, including critical pre-construction activities like tree clearing, which were set to begin this week.
Environmental advocates hailed the decision as a significant victory. SELC Senior Attorney Jamie Whitlock applauded the court’s ruling, stating, “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.” Whitlock added that the permits issued for the project had been “rubberstamped" without a thorough review of the long-term impacts on Tennessee’s rivers and wetlands.
Similarly, the Director of Public Power Campaigns at Appalachian Voices, Bri Knisley, emphasized the risks the pipeline poses to Tennessee’s aquatic habitats. “The Cumberland Pipeline poses a major, unnecessary risk to important aquatic habitat in Tennessee, as well as the health and safety of our communities. We are glad to see that pipeline construction will be halted — the Clean Water Act permits that have been obtained by TGP need a much closer look,” Knisley said in a statement.
The Sierra Club, another key player in the lawsuit, highlighted the significance of the court’s intervention. “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,” said Emily Sherwood, Senior Campaign Organizer for the Sierra Club. She emphasized that the stay vindicates the concerns of local communities who feared the irreversible damage the pipeline could cause to their ecosystems.
The TVA, the largest public utility in the U.S., has been at the center of the controversy. The proposed pipeline is part of TVA’s broader plan to transition from coal to natural gas, a move that many argue is still tethered to volatile fossil fuel markets. TVA has raised electricity rates twice in the past year to help fund its gas projects, sparking public outcry over the increased financial burden on families across the region.
Critics argue that TVA’s push for natural gas expansion, including the Cumberland project, is short-sighted, locking the region into decades of fossil fuel dependence at a time when renewable energy options like solar and wind are becoming increasingly viable. Environmental groups have called on TVA to reconsider its strategy and invest more in sustainable energy sources rather than doubling down on fossil fuels. “The federal utility has already raised rates twice in the last year, in part to fund its massive gas expansion,” the press release noted.
While the stay is temporary, the case will be heard in full later this year, with oral arguments scheduled for December 2024. Both sides will present detailed legal arguments on whether the water permits were lawfully issued under the Clean Water Act. The outcome could have far-reaching implications for the future of the Cumberland Pipeline and similar infrastructure projects across the country.
For now, the ruling marks a significant win for environmental advocates and a crucial step in protecting Tennessee’s waterways. However, as the court prepares to review the case in greater depth, the pipeline’s future remains uncertain, and the permits could be revoked entirely.
