Judge finds Tennessee energy giant guilty of negligence in coal ash case

The Tennessee Valley Authority (TVA) was negligent in not preventing a coal ash dam failure at its Kingston power plant in December 2008, that resulted in millions of gallons of toxic ash-laden water and mine tailing to flood the area’s rivers and valleys.

In a 130-page ruling, Judge Thomas Varlan at the U.S. District Court found TVA to be ill prepared for its energy operations reviewing the combined cases filed by local residents and their inverse condemnation lawyer representatives. At the moment, more than 60 cases and 800 plaintiffs are involved in the TVA coal litigation case.

In effort to resolve a public relations crisis, TVA has purchased more than 180 properties and settled over 200 other claims. TVA also provided $43m to the Roane County Economic Development Foundation for use by communities in the affected area. The ash recovery project is expected to continue through 2015. 

“The U.S. District Court today ruled that TVA can be held liable for conduct by TVA that contributed to cause the spill,” TVA said in a press release. “The litigation now will proceed to a second phase where the plaintiffs may attempt to prove they were each directly impacted by the spill on an individual basis. TVA remains committed to the full restoration of the community directly impacted by the spill, while being mindful of our responsibility to manage ratepayer dollars.”

TVA also confirmed its commitment has not wavered and pledges to clean up the spill, protect the public health and safety, restore the area, and, where justified, fairly compensate people who were directly affected.

Plaintiffs claim that the failure of the coal ash dike at Kingston and the resulting spill was caused by TVA’s negligent conduct with respect to the design, construction, implementation, operation, maintenance, and inspection of the coal ash storage and disposal facilities, the judge wrote. 

Initial complaints against TVA alleged causes of action for personal injury and property damage under tort law theories of negligence, negligence per se, gross negligence, trespass, nuisance, strict liability and inverse condemnation attorney.

Mary Anne Hitt, Director of the Sierra Club's Beyond Coal Campaign, said in statement that the decision is "a victory for every family that was impacted by this tragedy. Local residents have lost their property and been exposed to arsenic, lead, mercury and selenium. Forcing TVA to face up to its responsibility is just the first step in ensuring that these folks can rebuild their lives.”