Jones et al v. Tennessee Valley Authority

On July 28, 2023, Memphis residents, including Johnnie Jones, along with the Sierra Club and Memphis Community Against Pollution, filed a federal lawsuit against the Tennessee Valley Authority. The plaintiffs allege that TVA’s plan to replace the aging Allen Fossil Plant with a new gas plant, combined with ongoing coal ash contamination, disproportionately harms the predominantly Black surrounding community. The lawsuit asserts that TVA failed to adequately assess environmental and health impacts and violated the National Environmental Policy Act and Title VI of the Civil Rights Act by perpetuating environmental racism. The case seeks to compel a thorough environmental review and a transition to clean energy alternatives instead of continued reliance on fossil fuels at the site.

Pending as of the case filing date; no final judgment has been entered.

Whether TVA violated the National Environmental Policy Act by failing to properly evaluate cumulative environmental impacts and alternatives, and whether its actions constitute environmental racism in violation of Title VI of the Civil Rights Act of 1964 by disproportionately burdening a Black community with pollution.

The case has drawn national attention to environmental justice issues within federal utility operations. It amplifies calls for TVA to halt new fossil fuel investments and expedite coal ash cleanup in historically marginalized neighborhoods, potentially setting a precedent for how federal agencies address systemic environmental discrimination.