Skip to content

Case Detail

[Subscribe to updates]
Case TitleSouthern Environmental Law Center v. Tennessee Valley Authority
DistrictEastern District of Tennessee
CityKnoxville
Case Number3:2022cv00108
Date Filed2022-03-24
Date Closed2023-03-07
JudgeDistrict Judge Clifton L Corker
PlaintiffSouthern Environmental Law Center
Case DescriptionThe Southern Environmental Law Center submitted a FOIA request to the Tennessee Valley Authority for records concerning the agency's communications with methane gas companies. The agency acknowledged receipt of the request. The agency disclosed two heavily redacted contracts called Precedent Agreements, which were redacted under Exemption 4 (commercial and confidential). SELC withdrew the remainder of its request. SELC then filed an administrative appeal. The agency affirmed its original denial and added Exemption 5 (privileges) as well. SELC then filed suit.
Complaint issues: Litigation - Attorney's fees

DefendantTennessee Valley Authority
DefendantEast Tennessee Natural Gas, LLC
DefendantTennessee Gas Pipeline Company, L.L.C.
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Complaint attachment 5
Complaint attachment 6
Complaint attachment 7
Complaint attachment 8
Complaint attachment 9
Complaint attachment 10
Complaint attachment 11
Opinion/Order [62]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2022-03-241COMPLAINT against Tennessee Valley Authority ( Filing fee $ 402 receipt number ATNEDC-5014536.), filed by Southern Environmental Law Center. (Attachments: # 1 Civil Cover Sheet, # 2 Summons United States Attorney General, # 3 Summons TVA Chief Executive Officer, # 4 Summons ED TN United States Attorney, # 5 Other Corporate Disclosure Statement, # 6 Exhibit 1-Original FOIA Request, # 7 Exhibit 2-Cumberland Precedent Agreement, # 8 Exhibit 3-Ridgeline Precedent Agreement, # 9 Exhibit 4-Final Determination Letter, # 10 Exhibit 5-FOIA Administrative Appeal, # 11 Exhibit 6-FOIA Appellate Determination)(Garcia, Amanda) (Attachment 2 - 4 replaced on 3/24/2022 due to editable form) (AMP). (Entered: 03/24/2022)
2022-03-24District Judge Clifton L Corker and Magistrate Judge Debra C Poplin added. (AMP) (Entered: 03/24/2022)
2022-03-242NOTICE of Deficiency (PDF): Summons filed in an editable form. (AMP) (Entered: 03/24/2022)
2022-03-253Administrative Notice to Counsel: Please refile the Disclosure Statement using the event Certificate of Corporate Interest under Other Documents. Requirements due by 3/30/2022 . (AMP) (Entered: 03/25/2022)
2022-03-254Summons Issued as to Tennessee Valley Authority, U.S. Attorney and U.S. Attorney General. (Attachments: # 1 Summons Tennessee Valley Authority, # 2 Summons United States Attorney) (AMP) (Entered: 03/25/2022)
2022-03-255Order Governing Depositions. Signed by District Judge Clifton L Corker on 03/25/2022. (AMP) (Entered: 03/25/2022)
2022-03-256Order Governing Motions To Dismiss. Signed by District Judge Clifton L Corker on 03/25/2022. (AMP) (Entered: 03/25/2022)
2022-03-257Order Governing Sealing Confidential Information. Signed by District Judge Clifton L Corker on 03/25/2022. (AMP) (Entered: 03/25/2022)
2022-03-288Certificate of Corporate Interest by Southern Environmental Law Center. (Garcia, Amanda) (Entered: 03/28/2022)
2022-04-139MOTION for Leave to Appear Pro Hac Vice George Nolan by Southern Environmental Law Center. (Attachments: # 1 Exhibit 1-Certificate of Good Standing)(Garcia, Amanda) (Entered: 04/13/2022)
2022-04-1310AFFIDAVIT of Service for Summons and Complaint served on Attorney General Merrick B. Garland on March 28, 2022, filed by Southern Environmental Law Center. (Attachments: # 1 Exhibit 1-Proof of Service by U.S. Mail)(Garcia, Amanda) (Entered: 04/13/2022)
2022-04-1311AFFIDAVIT of Service for Summons and Complaint served on U.S. Attorney Francis M. Hamilton III on March 28, 2022, filed by Southern Environmental Law Center. (Attachments: # 1 Exhibit 1-Proof of Service by U.S. Mail)(Garcia, Amanda) (Entered: 04/13/2022)
2022-04-1312AFFIDAVIT of Service for Summons and Complaint served on Tennessee Valley Authority CEO Jeffrey J. Lyash on March 28, 2022, filed by Southern Environmental Law Center. (Attachments: # 1 Exhibit 1-Proof of Service by U.S. Mail)(Garcia, Amanda) (Entered: 04/13/2022)
2022-04-13Clerk's Verification of PHV Requirements is complete regarding 9 MOTION for George Nolan to Appear Pro Hac Vice (AYB) (Entered: 04/13/2022)
2022-04-1313MOTION for Leave to Appear Pro Hac Vice Daniel J. Metzger by Southern Environmental Law Center. (Attachments: # 1 Exhibit 1-Certificate of Good Standing)(Garcia, Amanda) (Entered: 04/13/2022)
2022-04-14Clerk's Verification of PHV Requirements is complete regarding 13 MOTION for Daniel J. Metzger to Appear Pro Hac Vice (AYB) (Entered: 04/14/2022)
2022-04-1414ORDER granting 9 Motion for Leave to Appear Pro Hac Vice. You MUST register as an E-Filer here: https://pacer.psc.uscourts.gov/pscof/regWizard.jsf ; granting 13 Motion for Leave to Appear Pro Hac Vice. You MUST register as an E-Filer here: https://pacer.psc.uscourts.gov/pscof/regWizard.jsf . Signed by Magistrate Judge Debra C. Poplin on 4/14/2022. (This entry constitutes the complete Order of the Court). (AGA) (Entered: 04/14/2022)
2022-04-1515STIPULATION re 1 Complaint,, Extension of Time to Respond by Tennessee Valley Authority. (Ayliffe, David) (Entered: 04/15/2022)
2022-05-1816ANSWER to 1 Complaint,, by Tennessee Valley Authority. (Attachments: # 1 October 28, 2021 FOIA Correspondence)(Chin, Steven) (Entered: 05/18/2022)
2022-05-1817ORDER: The parties are ordered to confer and return the attached form within the time provided. Signed by District Judge Clifton L Corker on May 18, 2022. (Attachments: # 1 Other Notice of Consent / Non-consent) (AYB) (Entered: 05/18/2022)
2022-05-1918ORDER: Generally, scheduling orders will be entered by the Court after a telephonic scheduling conference unless otherwise requested by the parties. It is therefore ORDERED: As soon as practicable, but in no event later than 30 days from the first appearance of a defendant, or if that has already occurred, within 30 days of this order, the parties must confer, in a conference arranged by plaintiff's counsel, for the purpose of considering the nature and basis of their claims and defenses. (Rule 26 Meeting Report due by 7/3/2022 ). Signed by District Judge Clifton L Corker on 5/19/2022. (LCK) (Entered: 05/19/2022)
2022-05-2019MOTION to Intervene by East Tennessee Natural Gas, LLC. (ADA) (Entered: 05/20/2022)
2022-05-2020BRIEF in Support of 19 MOTION to Intervene filed by East Tennessee Natural Gas, LLC. (Attachments: # 1 Exhibit A)(ADA) (Entered: 05/20/2022)
2022-05-2021Certificate of Corporate Interest by East Tennessee Natural Gas, LLC identifying Corporate Parent Spectra Energy Partners, LP, Corporate Parent Enbridge Inc for East Tennessee Natural Gas, LLC. (ADA) (Entered: 05/20/2022)
2022-05-2022MOTION for Leave for Jamie Tabb to Appear Pro Hac Vice (Filing fee $ 90.00 paid receipt #K3044824) by East Tennessee Natural Gas, LLC. (ADA) (Entered: 05/20/2022)
2022-05-20Clerk's Verification of PHV Requirements is complete regarding document: 22 MOTION for Leave to Appear Pro Hac Vice (Filing fee $ 90.00.) filed by East Tennessee Natural Gas, LLC (ADA) (Entered: 05/20/2022)
2022-05-2323ORDER granting 22 Motion for Leave to Appear Pro Hac Vice. You MUST register as an E-Filer here: https://pacer.psc.uscourts.gov/pscof/regWizard.jsf . Signed by Magistrate Judge Debra C. Poplin on 5/23/2022. (This entry constitutes the complete Order of the Court). (AGA) Modified on 5/23/2022 to note copy mailed to Jamie F Tabb c/o Vinson & Elkins LLP (DC), 2200 Pennsylvania Avenue NW, Suite 500W, Washington, DC 20037) (AYB). (Entered: 05/23/2022)
2022-05-2624ORDER, the Court GRANTS the Unopposed Motion to Intervene 19 . Signed by Magistrate Judge Debra C. Poplin on 5/26/22. (ADA) (Entered: 05/26/2022)
2022-05-2725MOTION for Summary Judgment by Southern Environmental Law Center. (Garcia, Amanda) (Entered: 05/27/2022)
2022-05-2726MEMORANDUM in Support of Motion re 25 MOTION for Summary Judgment filed by Southern Environmental Law Center. (Garcia, Amanda) (Entered: 05/27/2022)
2022-05-2727STATEMENT of Material Facts re 25 MOTION for Summary Judgment filed by Southern Environmental Law Center. (Garcia, Amanda) (Entered: 05/27/2022)
2022-05-3128ANSWER to 1 Complaint,, by East Tennessee Natural Gas, LLC.(Tabb, Jamie) (Entered: 05/31/2022)
2022-05-3129MOTION to Intervene by Tennessee Gas Pipeline Company, L.L.C.. (Attachments: # 1 Exhibit 1 - Proposed Answer, # 2 Exhibit 2 - Declaration of Troutman)(Stagg, Michael) (Entered: 05/31/2022)
2022-05-3130MEMORANDUM in Support of Motion re 29 MOTION to Intervene filed by Tennessee Gas Pipeline Company, L.L.C.. (Stagg, Michael) (Entered: 05/31/2022)
2022-05-3131Certificate of Corporate Interest by Tennessee Gas Pipeline Company, L.L.C.. (Stagg, Michael) (Entered: 05/31/2022)
2022-06-0132RESPONSE to Motion re 29 MOTION to Intervene filed by Southern Environmental Law Center. (Garcia, Amanda) (Entered: 06/01/2022)
2022-06-0733ORDER granting 29 Motion to Intervene. Tennessee Gas SHALL file its operative Answer [Doc. 29-1] in CM/ECF on or before June 13, 2022. Signed by Magistrate Judge Debra C Poplin on 6/7/22. (JBR) (Entered: 06/07/2022)
2022-06-0934STIPULATION regarding briefing schedule by Tennessee Valley Authority. (Chin, Steven) (Entered: 06/09/2022)
2022-06-1035ORDER Regarding Briefing Schedule. Signed by Magistrate Judge Debra C Poplin on 6/10/22. (ABF) (Entered: 06/10/2022)
2022-06-1036ANSWER to 1 Complaint,, by Tennessee Gas Pipeline Company, L.L.C..(Stagg, Michael) (Entered: 06/10/2022)
2022-06-1037ORDER: The parties are ordered to confer and return the attached form within the time provided.Signed by District Judge Clifton L Corker on 6/10/22. (Attachments: # 1 Other Notice of Consent/Non-Consent) (ABF) (Entered: 06/10/2022)
2022-06-2338NOTICE OF NONCONSENT by Southern Environmental Law Center (Garcia, Amanda) (Entered: 06/23/2022)
2022-06-2339REPORT of Rule 26(f) Planning Meeting. (Garcia, Amanda) (Entered: 06/23/2022)
2022-07-1240Unopposed Joint Stipulation of Partial Settlement and Joint MOTION to Narrow Matters in Controversy and Amend Plaintiff's Pleadings by Tennessee Valley Authority. (Chin, Steven) Modified on 7/12/2022 (AYB). (Entered: 07/12/2022)
2022-07-1241PROPOSED Agreed Order regarding Joint MOTION to Narrow Matters in Controversy and Amend Plaintiff's Pleadings by Tennessee Valley Authority. (Attachments: # 1 Other Exhibit 3 to the Complaint)(Chin, Steven) Modified text on 7/12/2022 (AYB). (Entered: 07/12/2022)
2022-07-1442Unopposed Joint Stipulation of Partial Settlement and Joint MOTION to Narrow Matters in Controversy and Amend Plaintiff's Pleadings by Tennessee Valley Authority. (Attachments: # 1 Other Agreed Order, # 2 Other Exhibit 2 to the Complaint) (Chin, Steven) Modified text on 7/15/2022 (AYB). (Entered: 07/14/2022)
2022-07-1543Cross MOTION for Summary Judgment by East Tennessee Natural Gas, LLC. (Tabb, Jamie) (Entered: 07/15/2022)
2022-07-1544MEMORANDUM in Support of Motion re 43 Cross MOTION for Summary Judgment and Response in Opposition to Plaintiff's Motion for Summary Judgment filed by East Tennessee Natural Gas, LLC. (Attachments: # 1 Other Declaration of Anne N. Moore)(Tabb, Jamie) (Entered: 07/15/2022)
2022-07-1545STATEMENT of Material Facts re 43 Cross MOTION for Summary Judgment and Response to Plaintiff's Statement of Undisputed Facts filed by East Tennessee Natural Gas, LLC. (Tabb, Jamie) (Entered: 07/15/2022)
2022-07-1546Cross MOTION for Summary Judgment and Opposition to Plaintiff's Motion for Summary Judgment by Tennessee Valley Authority. (Chin, Steven) (Entered: 07/15/2022)
2022-07-1547AFFIDAVIT in Support re 46 Cross MOTION for Summary Judgment and Opposition to Plaintiff's Motion for Summary Judgment filed by Tennessee Valley Authority. (Attachments: # 1 Exhibit TVA FOIA Letter, # 2 Exhibit TVA FOIA Letter, # 3 Exhibit East Tennessee FOIA Response, # 4 Exhibit East Tennessee Supplemental FOIA Response, # 5 Exhibit Tennessee Gas FOIA Response, # 6 Exhibit Emails between TVA and SELC, # 7 Exhibit SELC Email Appeal)(Chin, Steven) (Entered: 07/15/2022)
2022-07-1548STATEMENT of Material Facts re 46 Cross MOTION for Summary Judgment and Opposition to Plaintiff's Motion for Summary Judgment and Responses to Plaintiff's Statement of Undisputed Facts filed by Tennessee Valley Authority. (Chin, Steven) (Entered: 07/15/2022)
2022-07-1549MEMORANDUM in Support of Motion re 46 Cross MOTION for Summary Judgment and Opposition to Plaintiff's Motion for Summary Judgment filed by Tennessee Valley Authority. (Chin, Steven) (Entered: 07/15/2022)
2022-07-1550RESPONSE in Opposition re 25 MOTION for Summary Judgment filed by Tennessee Gas Pipeline Company, L.L.C.. (Stagg, Michael) (Entered: 07/15/2022)
2022-07-1551RESPONSE to Statement of Material Facts re 27 Statement of Material Facts filed by Tennessee Gas Pipeline Company, L.L.C.. (Stagg, Michael) (Entered: 07/15/2022)
2022-07-1552Cross MOTION for Summary Judgment by Tennessee Gas Pipeline Company, L.L.C.. (Attachments: # 1 Exhibit 1 - Declaration of H. Preston Troutman)(Stagg, Michael) (Entered: 07/15/2022)
2022-07-1553STATEMENT of Material Facts re 52 Cross MOTION for Summary Judgment filed by Tennessee Gas Pipeline Company, L.L.C.. (Stagg, Michael) (Entered: 07/15/2022)
2022-07-1554MEMORANDUM in Support of Motion re 52 Cross MOTION for Summary Judgment filed by Tennessee Gas Pipeline Company, L.L.C.. (Stagg, Michael) (Entered: 07/15/2022)
2022-08-0455RESPONSE in Opposition re 46 Cross MOTION for Summary Judgment and Opposition to Plaintiff's Motion for Summary Judgment , 52 Cross MOTION for Summary Judgment , 43 Cross MOTION for Summary Judgment filed by Southern Environmental Law Center. (Garcia, Amanda) Modified on 8/5/2022 to note that the attached document was signed by co-counsel George Nolan (ADA). (Entered: 08/04/2022)
2022-08-0456RESPONSE to Statement of Material Facts re 48 Statement of Material Facts, 53 Statement of Material Facts, 45 Statement of Material Facts filed by Southern Environmental Law Center. (Garcia, Amanda) Modified on 8/5/2022 to note that the attached document was signed by co-counsel George Nolan (ADA). (Entered: 08/04/2022)
2022-08-0557Administrative/Informational Notice to Counsel re e-signature as to 55 Response in Opposition to Motion and 56 Response to Statement of Material Facts(ADA) (Entered: 08/05/2022)
2022-08-1958REPLY to Response to Motion re 46 Cross MOTION for Summary Judgment and Opposition to Plaintiff's Motion for Summary Judgment filed by Tennessee Valley Authority. (Chin, Steven) (Entered: 08/19/2022)
2022-08-1959REPLY to Response to Motion re 52 Cross MOTION for Summary Judgment filed by Tennessee Gas Pipeline Company, L.L.C.. (Stagg, Michael) (Entered: 08/19/2022)
2022-08-1960REPLY to Response to Motion re 43 Cross MOTION for Summary Judgment filed by East Tennessee Natural Gas, LLC. (Tabb, Jamie) (Entered: 08/19/2022)
2023-02-0761ORDER granting 40 Motion to Amend/Correct; granting 42 Motion to Amend/Correct. The Court finds the parties' Unopposed Joint Motions [Docs. 40, 42] well-taken and GRANTED . The Court will consider the parties' pending motions and cross-motions for summary judgment as addressing only those sections that remain in dispute. See Order for details. Signed by District Judge Clifton L Corker on 02/07/2023. (CAT) (Entered: 02/07/2023)
2023-03-0762MEMORANDUM OPINION AND ORDER: Granting 43 Cross MOTION for Summary Judgment filed by East Tennessee Natural Gas, LLC, 46 Cross MOTION for Summary Judgment and Opposition to Plaintiff's Motion for Summary Judgment filed by Tennessee Valley Authority and 52 Cross MOTION for Summary Judgment filed by Tennessee Gas Pipeline Company, L.L.C. Denying 25 MOTION for Summary Judgment filed by Southern Environmental Law Center. A separate judgment shall issue. See Memorandum for details. Signed by District Judge Clifton L Corker on 3/7/2023. (LCK) (Entered: 03/07/2023)
2023-03-0763JUDGMENT re 62 Memorandum Opinion and Order. This case came before the Court on the parties' Motions for Summary Judgment [Docs. 25, 43, 46, 52]. For the reasons stated in the accompanying Memorandum Opinion and Order, Defendant's and Intervenor-Defendant's Motions for Summary Judgment [Docs. 43, 46, 52] are GRANTED, and Plaintiff's Motion for Summary Judgment [Doc. 25] is DENIED. Accordingly, Plaintiff's case is DISMISSED WITH PREJUDICE. The Clerk is DIRECTED to close this case. Signed by District Judge Clifton L Corker on 3/7/2023. (LCK) (Entered: 03/07/2023)
Hide Docket Events
by FOIA Project Staff
Skip to toolbar