Tennessee Fly Ash Spill Lawsuit

The Kingston fly ash spill's impact has been devastating to beautiful East Tennessee, but unlike other recent disasters in our country, its cause was man made and should have been avoided.

On December 22, 2008, more than a billion gallons of water and coal fly ash burst from a failed retention pond at the Kingston Fossil Plant operated by the Tennessee Valley Authority (TVA). The spill is thought to be the largest fly ash spill in U.S. history. The massive Tennessee fly ash spill damaged and destroyed homes, as well as hundreds of acres of land and surrounding waterways covering more than 400 acres. The TVA plant is located in Roane County, on a tributary of the Tennessee River called the Clinch River.

A February 2008 TVA inspection report of the Kingston steam plant showed that the TVA fly ash retention pond has had leaks, seepage and water-logged walls for years before the Dec. 22 failure. The report shows TVA knew about leaks at the site for more than two decades.

Fly ash is one of the residues generated in the combustion of coal and is considered toxic containing chemicals that can cause cancer, birth defects and nervous and reproductive system disorders. According to reports, some residents and environmentalists say more should have been done to prevent the failure, and they worry about possible toxins in the water. Extensive testing of the river water near the spill by the EPA, TVA, and the Tennessee Department of Environmental Control, reported elevated levels of mercury, thallium, and arsenic.

Companies, like TVA, who are responsible for such disasters often offer money to people who have been impacted in exchange for a signed release, which gives the company immunity from any future recourse. But there is seldom, if ever, a need to rush. People who may be harmed should consider their options and seek legal advice before acting. As the result of a TVA fly ash spill, many lives will change. Some may never be the same. Many individuals may experience physical injury, property damage or devaluation, and other damages as a result of the TVA fly ash spill. This wasn't your mistake, and you shouldn't have to pay the costs. Everyone has a stake: individuals, families, businesses. If you were one of the many affected by the Kingston fly ash spill, give us a call. We have vast experience protecting and enforcing the rights of those affected by toxic releases. If you have a concern regarding exposure to the chemicals found in fly ash or for more information, contact attorney David Cialkowski at 800-755-0098 or click here to send an email.