“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.

SOURCE: Coal Ash Spill › TVA claims protection as coal ash lawsuits mount

Coal ash

The report highlights the concern environmentalists have had for years – that coal ash produced by utilities like the TVA is toxic and should be regulated by the federal government. Tests have shown that coal ash contains arsenic, lead, chromium, manganese and barium, heavy metals that have been linked to serious health concerns such as cancer, liver damage and neurological complications. Based on the new report, the EPA says it is considering labeling coal ash as a toxic waste. Utilities industries oppose the move.

Meanwhile, the TVA is undergoing an expected years-long, $1.2 billion cleanup of the land it damaged. While the nation’s largest utility claims it will restore the property to its original condition and has given more than $40 million to Roane County officials for improvement projects and a pricey public relations campaign, locals and environmentalists say that the efforts don’t rectify the damage to wildlife and humans, many of whom have already tested positive for heavy metals in their blood.

Source: UPI

SOURCE: Coal Ash Spill › EPA report: Coal ash causes death, deformity in wildlife