LEGAL VICTORY IN THE COAL ASH FIGHT

TVA Liable for Massive Tenn, Coal Ash Spill

Donna Lisenby, August 23, 2012 (Waterkeeper Alliance via EcoWatch)

“…[F]ederal district court Judge Thomas Varlan…[found] the Tennessee Valley Authority (TVA) was negligent in its conduct and will be held liable for damages caused by their massive coal ash spill into the Emory River and the surrounding community of Harriman, Tennessee on Dec. 22, 2008.

“This ruling is an important victory for the people and the waterway that were devastated by this preventable tragedy when a 70 foot tall dam catastrophically and suddenly failed at 1 a.m., sending more than 1 billion gallons of toxic coal ash from TVA’s Kingston coal fired power plant into the surrounding community and the Emory River.”

“Varlan ruled today that the spill was caused by a combination of TVA’s dike design, continued wet coal ash storage at the plant and geological conditions…This case has national significance not only because it is the largest coal ash spill in the history of the U.S., but because there are 1,000 more coal ash ponds at coal fired power plants across the nation…[C]oal ash is toxic to waterways and aquatic life because it contains a vast array of heavy metals and other pollutants:

“In order to protect communities from toxic coal ash, the U.S. EPA released new rules to regulate the waste but they have been stalled by legislative interference in Congress. A handful of Senators working for the benefit of the polluting coal industry is seeking to remove the U.S. EPA’s federal authority to regulate coal ash with the rotten new Senate Bill 3512…”

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