TVA Ash Spill Lawsuits Get Go-Ahead From Judge

Photo shortly after Kingston ash spill in 2008, courtesy TVA

A federal judge says the Tennessee Valley Authority is liable for a massive environmental disaster at its coal power plant in Kingston. Almost four years ago, millions of tons of ash sludge spilled from a broken dam into the surrounding rivers and countryside. Now claims against TVA from affected property owners can move ahead in court.

Hundreds of people sued over the disaster, and now the judge says it’s up to each plaintiff to prove a specific claim against TVA. Sarah McCoin’s family has owned a few dozen acres near the spill for generations. McCoin says she’s “ecstatic,” although she wouldn’t put a dollar amount to the damage on her property.

“Would you like buy a piece of property, beautiful riverfront property, next to a well-known ash-disaster site? Probably not.”

Asked about TVA’s next move, an official noted the judge’s ruling is 130 pages long, and quote “requires some review.” The total cost to clean up the spill is estimated at over a billion dollars, and ultimately it’s TVA ratepayers who will foot the bill.

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Earlier this week the Environmental Protection Agency laid out some options for handling spilled coal ash that’s still left in the river. One concern is that dredging the riverbed could stir up radioactive materials from the Oak Ridge National Lab, which is upstream.

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UPDATE – 6PM

Steve Scarborough is also among the litigants; before the spill he’d been trying to sell some property upstream.

“My two boys were both in college, and this is how we had saved up money to pay for it. And then our property values just fell off a cliff.”

Scarborough says he had been showing the land a couple times a week, but in three years since, he’s gotten one offer – for pennies on the dollar.

In a statement TVA says it’s committed to compensating affected people “where justified,” citing its obligation to keep rates low for customers.