U.S. District Judge Virginia Hopkins ruled that the Tennessee Valley Authority (TVA) violated air pollution rules over 3,000 times over a two year period at its coal-fired power plant in northwest Alabama.

The Alabama Environmental Council, joined by the Sierra Club, filed suit against the TVA. The Alabama Department of Environmental Management adopted a rule in 2003 after the suit was filed that would allow a certain number of violations each quarter. They also allow up to 100 percent opacity during startup, shutdown, load changes and other exemptions. The EPA has not agreed to this rule and the state continues to work with the EPA to develop a new rule.

The utility has 60 days to file an appeal with the 11th U.S. Circuit Court of Appeals in Atlanta.