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

Environmental lawsuits can be complex and take years to resolve because the damages may take decades to surface, says Gregory Button, a University of Tennessee anthropologist who studies environmental disasters such as the 1989 Exxon Valdez oil spill. That means the fallout from last year’s Tennessee Valley Authority (TVA) coal ash spill that blanketed a neighboring community with toxic material in what some call the nation’s largest environmental disaster of its kind, could linger for years.

“There is a lot of scientific uncertainty in this case, as there are in many environmental cases,” Button said in an interview with KnoxNews.com.

Last year, more than a billion gallons of coal ash spilled from an impoundment pond at the Kingston, Tenn., fossil fuel plant and covered about 300 acres of a nearby community. The spill knocked homes off their foundations, damaged property and contaminated nearby waterways. The TVA has been involved in what it anticipates to be a three-year, billion dollar cleanup effort to restore the land, but environmentalists say the damage is not as easy to repair.

To date, 14 lawsuits – some of them class actions – have been filed against the TVA by residents and businesses who lost property or have been injured by the spill. Coal ash, a product of coal-firing plants, contains dangerous toxins that have been linked to serious health conditions such as cancer, liver damage and neurological problems. Some residents in the area have experienced heightened anxiety and breathing problems. Some, including a young child, have tested positive for heavy metals in their blood.

Whether the TVA will actually pay its due for the damages it caused is still in question. “TVA, like all federal agencies, and consistent with the Department of Justice’s position on the issue, is not subject to civil penalties in suits brought by citizen groups under some federal environmental statutes,” says TVA spokeswoman Barbara Martocci. “It would take legislation to change this.”

Button says all hope isn’t lost, that claiming sovereign immunity isn’t a guarantee of protection for the TVA, adding that the U.S. Army Corps of engineers was sued following Hurricane Katrina.

This entry was posted on Wednesday, December 23rd, 2009 at 8:00 am and is filed under News. You can follow any responses to this entry through the RSS 2.0 feed. You can leave a response, or trackback from your own site.