Energy and Policy Inst. v. TVA

── Energy and Policy Inst. v. TVA ── Court: Court of Appeals for the Sixth Circuit Date: May 08, 2026 Category: General RECOMMENDED FOR PUBLICATION Pursuant to Sixth Circuit I.O.P. 32.1(b) File Name: 26a0136p.06 UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT ┐ ENERGY AND POLICY INSTITUTE, │ Plaintiff-Appellant, │ > Nos. 24-6134/25-5111 │ v. │ │ TENNESSEE VALLEY AUTHORITY, │ Defendant-Appellee. │ ┘ Appeal from the United States District Court for the Eastern District of Tennessee at Knoxville. No. 3:22-cv-00220—Thomas A. Varlan, District Judge. Argued: October 23, 2025 Decided and Filed: May 8, 2026 Before: KETHLEDGE, LARSEN, and BLOOMEKATZ, Circuit Judges. _________________ COUNSEL ARGUED: Allison Kole, ENERGY AND POLICY INSTITUTE, El Verano, California, for Appellant. Lane E. McCarty, TENNESSEE VALLEY AUTHORITY, Knoxville, Tennessee, for Appellee. ON BRIEF: Allison Kole, Zehava Robbins, ENERGY AND POLICY INSTITUTE, El Verano, California, Chris Irwin, Knoxville, Tennessee, for Appellant. Lane E. McCarty, David D. Ayliffe, TENNESSEE VALLEY AUTHORITY, Knoxville, Tennessee, for Appellee. Mahesha P. Subbaraman, SUBBARAMAN PLLC, Minneapolis, Minnesota, O.W. “Terry” Bussey, SOUTHERN ENVIRONMENTAL LAW CENTER, Nashville, Tennessee, for Amici Curiae. _________________ OPINION _________________ LARSEN, Circuit Judge. Watchdog organization Energy and Policy Institute (EPI) sought documents concerning industry groups and an insurance policy from the Tennessee  Nos. 24-6134/25-5111 Energy and Policy Institute v. TVA Page 2 Valley Authority (TVA) under the Freedom of Information Act (FOIA). TVA released some documents, partially redacted some, and withheld others. EPI sued. In the course of litigation, TVA released more documents. The district court granted summary judgment to TVA on the remaining documents. EPI sought fees for its role in securing the mid-litigation release of documents, which the district court denied. EPI appeals both the grant of summary judgment and the denial of fees. We AFFIRM in part, REVERSE in part, and REMAND for further proceedings. I. Congress created the Tennessee Valley Authority in 1933 to electrify the Appalachian South. Tennessee Valley Authority Act, Pub. L. No. 73-17, 48 Stat. 58 (1933). TVA is at once an agency, authorized to exercise eminent domain, exempt from the typical rate regulations set by the Department of Energy, and subject to FOIA; and a private corporation (whose shares are entirely owned by the United States) that receives no taxpayer funding. Id. TVA has been known to consult with other electric utilities to strategize about compliance with EPA’s Clean Air Act regulations. Plaintiff Energy & Policy Institute, a public interest group, suspects that TVA does more than that, perhaps funding lobbying and litigation efforts through two industry groups, the Climate Legal Group and the Power Generation Air Coalition (PGen), both presently coordinated by the law firm McGuireWoods. EPI submitted FOIA Request 109 for materials pertaining to TVA’s commun