Lieff Cabraser Heimann & Bernstein, LLP

Kingston, Tennessee TVA Coal Ash Spill

On December 22, 2008, more than a billion gallons of coal fly ash spilled when a dike burst on a retention pond at the Kingston Fossil Plant (also called Kingston Steam Plant) operated by the Tennessee Valley Authority (TVA) in Roane County. At least three homes were destroyed and scores of properties damaged. Concerns have been raised as to the impact of the contamination on groundwater supplies and air quality as well as effects on the local economy and property values. The catastrophic failure is the largest environmental disaster involving a spill of coal ash in United States history. 

Coal ash is the byproduct of burning coal and is considered toxic. The ash ponds at the Kingston coal plant were separated from a nearby river only by earthen dikes, and not stored in lined landfills. Click here to watch a YouTube video of the spill.

Testing of river water near the spill showed elevated levels of lead and thallium, which can cause birth defects and nervous and reproductive system disorders, as well as high levels of arsenic. In addition, leaks and seepage plagued the retention pond at the TVA coal plant for years. According to a February 2008 inspection report, the TVA reportedly knew about leaks at the Kingston facility for more than two decades and opted not to pay for long-term solutions to the problem.

Case Status

On March 26, 2010, Judge Thomas A. Varlan denied in major part TVA's motion to dismiss lawsuits arising out of the Kingston coal ash disaster in December 2008. TVA argued that it can not be held liable for the disaster because it is an arm of the federal government and immune from lawsuits. In denying TVA's motions, the Court explained that "once a relevant policy decision has been made, the government is accountable for its negligence in the implementation of that decision."

In March 2011, the Court granted in part and denied in part TVA’s second motion for summary judgment and delineated the claims plaintiffs could proceed to trial on. Importantly, the Court denied TVA’s motion for summary judgment as it related to TVA's liability for its failure to properly train its personnel; its negligence in implementing and enforcing its policies; its negligence in overseeing the construction of and maintaining the coal ash impoundment.

The trial of the case concluded in October 2011, and the parties are awaiting the Court's decision.

Contact Lieff Cabraser

Lieff Cabraser has successfully represented hundreds of homeowners whose properties were contaminated by coal sludge. From our Nashville office, our attorneys are representing Kingston residents affected by the coal spill.

Please click here to contact an environmental law attorney at Lieff Cabraser or call our Nashville office toll-free at (866) 313-1973 and request to speak to attorneys Mark Chalos or Elizabeth Alexander. There is no charge or obligation for our review of your case.

Discussing your case with legal counsel who can call upon experts in real estate valuation and scientists who have experience in environmental disasters is critical for a proper evaluation of your rights and remedies. You can be assured that TVA will have on its side experienced lawyers. You should have the same legal resources as TVA.

About Lieff Cabraser

Lieff Cabraser is a sixty-plus attorney law firm that has represented plaintiffs nationwide since 1972. We have offices in Nashville, New York and San Francisco. We represent plaintiffs in class and group actions and in individual lawsuits in cases involving substantial losses. For the last nine years, The National Law Journal has selected Lieff Cabraser as one of the top plaintiffs' law firms in the nation.

On October 11, 2000, a coal waste impoundment near Inez, Kentucky ruptured, resulting in the spill of 300 million gallons of coal sludge. The impact of the spill was enormous. Black water and coal sludge surged out of the impoundment, eventually covering more than 75 miles of the area's waterways. At the time, it was the worst environmental disaster of its type in the Southeast.

Lieff Cabraser, along with local co-counsel, represented over 500 property owners in and around Inez who brought claims for property damage, including for the loss in the value of their homes. The case was successfully resolved in a confidential settlement on terms favorable to the plaintiffs.