Tennessee Valley Authority attorneys are asking a federal judge to dismiss 58 coal ash spill lawsuits.
The filing Friday asks the court to throw out the lawsuits seeking damages from the December 2008 spill at the utility’s coal-fired Kingston plant on the Emory River in East Tennessee.
TVA attorneys refer to the spill as a “slide” and say it did not cause ash to be deposited on the plaintiffs’ property or cause harm to their health.
The motion filed in Knoxville says TVA has no legal obligation to keep its reservoirs safe for public recreational use and enjoyment.
The EPA has said the ash contains arsenic, cadmium, chromium, lead, mercury, nickel, selenium and zinc, all hazardous substances as defined by the Superfund law. A trial is set for September 2011.