Lieff Cabraser Heimann & Bernstein, LLP

Tennessee Property Owners Win Major Victory In Effort To Hold TVA Accountable For Kingston Coal Ash Disaster

Nashville, TN -- Elizabeth Alexander of the Nashville office of the national plaintiffs’ law firm Lieff Cabraser Heimann & Bernstein, announced that U.S. District Court Judge Thomas A. Varlan denied, in major part, a motion by the Tennessee Valley Authority (TVA) to dismiss lawsuits arising out of the Kingston coal ash spill. The December 2008 environmental disaster released a billion gallons of toxic coal ash sludge into the surrounding environment, destroying homes, properties and pristine natural areas alike.

"This is a tremendous victory in the effort to hold TVA accountable for the severe damage it has caused to residents and the environment," said Ms. Alexander. "The Court held that TVA must answer for its alleged negligence that directly led to one of the largest environmental catastrophes in our country's history."

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 motion, the Court held that "once a relevant policy decision has been made, the government is accountable for its negligence in the implementation of that decision."

The Court explained, "Neglect of the facilities, neglect of day to day maintenance, ignoring policies and procedures, failing to implement corrective measures or modifications under those policies or procedures, and the failure to have in place policies and procedures are not discretionary decisions involving the permissible exercise of polices judgment and consideration of public policy." Read a copy of the Court’s order.

About Lieff Cabraser

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

Source | Contact

Elizabeth Alexander, Esquire
Lieff Cabraser Heimann & Bernstein, LLP
Nashville, Tennessee
(615) 313-9000