TVA Coal Ash Spill Litigation

In January 2009, Beasley, Allen filed a class action lawsuit on behalf of property owners affected by the catastrophic release of over a billion gallons of coal ash sludge. The release occurred on December 22, 2008 when a coal ash impoundment at the Tennessee Valley Authority (TVA) Kingston Fossil Plant ruptured sending a deluge of toxic slurry onto over 300 acres and into nearby waterways.

A recent report by the independent Inspector General at TVA concluded that TVA was aware of “red flags” at the Kingston coal ash ponds for over 20 years and that TVA has demonstrated a lack of transparency and accountability to properly address the cause of the disaster.

As a result, the once pastoral community in eastern Tennessee is still dealing with the ramifications of the largest industrial accident in U.S. history. To put the magnitude of the TVA disaster in perspective, the Exxon Valdez accident released just under 11 million gallons – a tiny fraction of the TVA spill. The health and environmental ramifications from the TVA spill are enormous and clean up is slated to cost more than $1 Billion and continue for years to come.

The cause for concern over coal ash disposal arises from the toxins found in the ash, and an independent report confirms that the TVA ash contains elevated levels of toxic elements. Researchers at Duke University and Georgia Tech recently published their analysis of the Kingston ash. The analysis found that the spilled Kingston sludge contains 75 parts per million of arsenic, 150 parts per billion of mercury, and eight picocuries per gram of total radium. A picocurie is a standard measure of radioactivity. The Georgia Tech and Duke study confirms that the risk of exposure increases as the sludge dries out and becomes airborne as dust. These dust particles could have a severe impact on health resulting in respiratory and other illnesses. The fine particulates are so small that they are easily inhaled into the deepest reaches of the lungs, and the Duke-Georgia Tech team stated that, “The smaller the particulate, the higher the concentration of trace metals and radioactivity it contains.”

Hazards of coal ash and the handling of this by-product of coal combustion are the subject of growing national attention. CBS News aired a segment about coal ash on a recent episode of 60 Minutes and the New York Times ran an article on coal fired power plants in its series, Toxic Waters: A Series about the Worsening Pollution in American Waters and Regulators’ Response. The NY Times article stated that “[p]ower plants are the nation's biggest source of toxic waste, and while much of that waste once went into the sky, because of toughened air pollution laws, it now often goes into lakes and rivers, or landfills that have leaked into nearby groundwater.” In the case of Kingston, 50 years of coal combustion waste currently resides in and around Watts Bar Reservoir.

What can I do?

Our firm is working on behalf of a class of clients in this lawsuit to bring about a complete clean-up of the area; ensure that our clients are fully compensated for the damage to their property (including their property values); and obtain long-term medical monitoring relief for area residents who have been exposed to the toxic contaminants in TVA’s coal ash sludge. While still in its infancy, quite a bit of work has been accomplished in this litigation. TVA seeks immunity from suit, and our litigation team is working to hold TVA accountable for this disaster. Corporate Representative depositions have commenced, and Beasley Allen attorneys are assisting in the various discovery issues that a case of this magnitude involves. We intend to hold TVA to its promise of cleaning up the Kingston spill completely and making those affected whole again.

Beasley Allen continues to review claims on behalf of residents and property owners affected by the Coal Ash Spill. Contact us today for a free legal consultation.

Coal Ash Spill Video:

Coal Ash Spill, Emory River Tennessee: