Sixth Circuit Affirms Dismissal of NEPA Suit Against TVA for Lack of Standing

In Friends of Tims Ford v. the Tennessee Valley Authority, (6th Cir., No. 08-5706, November 6, 2009), the Sixth Circuit today affirmed the dismissal of a suit brought by a group of concerned citizens living near the Tim's Ford reservoir in central Tennessee. The Friends of Tim's Ford (FTF) group objected to a plan by the TVA to transfer land surrounding the reservoir to private developers for permanent residential development, and allow the construction of additional piers, docks, and a marina on the reservoir. The group alleged a variety of procedural failures under the National Environmental Protection Act (NEPA), as well as the TVA Act (the organic act that gave rise to the quasi-governmental authority).