Beasley, Allen, Crow, Methvin, Portis & Miles, P.C.

The Tennessee Valley Authority (TVA) has asked a federal judge to dismiss all lawsuits filed against it as a result of the December 22, 2008, coal ash spill at the utility’s Kingston, Tennessee, coal-firing plant, according to the Ledger-Enquirer/Associated Press. The spill occurred when a coal ash impoundment pond failed and dumped more than a billion gallons of toxic material on to 300 acres of a neighboring community and into the Emory River.

The utility claims its responsibility is to clean up the spill. It also says it has a financial responsibility to its 9 million customers.

To date, the TVA has spent more than $68 million to clean up the area. The utility estimates it will spend between $525 million and $825 million before the effort is complete. That total doesn’t take into consideration the money the utility will shell out for related fines and damages from lawsuits.

The TVA has purchased more than 70 properties at a cost of about $20 million, and is considering more offers from homeowners. The TVA already has turned down several more offers.

In a statement released by the TVA, the utility said it “is making meaningful progress to restore conditions near the Kingston site. We are working as quickly and safely as possible to do this while maintaining public health and safety.”

A plaintiff’s attorney responded to the statement by saying the TVA’s claim “is a slap in the face of people who have suffered for four months. … Clearly, TVA has delayed taking responsibility with respect to the many residents and how they’ve suffered.”

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