Divided 6th Circuit Denies Request For En Banc Rehearing Over Discharges

Mealey's (January 18, 2019, 1:45 PM EST) -- CINCINNATI — A divided Sixth Circuit U.S. Court of Appeals on Jan. 17 refused a petition filed by two environmental groups seeking an en banc rehearing of a ruling that calls for the dismissal of their Clean Water Act lawsuit against Tennessee Valley Authority (TVA) on the ground that it did not violate the statute when coal ash discharges from its wastewater treatment system reached a navigable waterway through groundwater (Tennessee Clean Water Network, et al. v. Tennessee Valley Authority, No. 17-6155, 6th Cir., 2019 U.S. App. LEXIS 1601)....