Appeals court denies rehearing in Tennessee coal ash case

NASHVILLE – A federal appeals court won’t rehear a case after a panel of its judges overturned an order that would’ve forced the nation’s largest public utility to remove a Tennessee power plant’s coal ash.

The full 6th U.S. Circuit Court of Appeals on Thursday rejected environmental groups’ request in the coal ash case at Tennessee Valley Authority’s Gallatin plant.

Six judges dissented.

In September, a divided 6th Circuit three-judge panel overturned a massive cleanup order, ruling that the Clean Water Act doesn’t address leaks from coal ash ponds through groundwater into the Cumberland River.

In dissent Thursday, Judge Jane Stranch wrote that the decision splits with every other circuit court.

Amanda Garcia of the Southern Environmental Law Center says the group is weighing its options. A U.S. Supreme Court appeal remains an option.