Staff File Photo by Patrick Smith
Remains of a coal ash spill that blanketed more than 300 acres in Harriman, Tenn., surround the TVA Kingston Fossil Plant.By Bill Poovey, The Associated Press
A federal court further limited lawsuits seeking damages from the Tennessee Valley Authority for its huge spill of toxin-laden coal ash, but the judge ruled that claims related to property damages and reduced property values will go to trial.
The court fight is over a Dec. 22, 2008, TVA dam collapse that spilled 5.4 million cubic yards of sludge in the Emory River and onto surrounding land in Roane County west of Knoxville.
U.S. District Judge Thomas Varlan’s order Tuesday granted TVA’s motion to dismiss claims for personal injury, emotional distress and inverse condemnation. But a bench trial is set for Sept. 13 on dozens of damage suits and another trial possibly to follow in November.
His order allows claims for property damages, trespass and nuisance to go forward. Dozens of other potential plaintiffs who have until December to file damage lawsuits are watching the case.