The Tennessee Valley Authority filed motions Friday in U.S. District Court in Knoxville seeking the dismissal of all seven lawsuits brought by residents claiming damages from the Dec. 22 spill of coal-ash sludge at the Kingston Fossil Plant.
TVA claims its actions maintaining a coal-ash retention pond are covered under the discretionary function doctrine, which, with exceptions, prevents a federal government entity from being sued for planning and carrying out policy.
The spill dumped 5.4 million cubic yards of coal-ash into the Emory River and surrounding countryside. No one was injured, but the deluge destroyed three houses and buried nearby property.
Though TVA acknowledged its responsibility to clean up the spill, the utility said in a statement: "We also have a responsibility to be good financial stewards for the 9 million ratepayers of the Tennessee Valley. This is an important balance to maintain."
TVA estimates cleanup costs could reach $825 million, excluding litigation costs and regulatory penalties. The utility has bought more than 70 affected pieces of property at a cost of $20 million.
Elizabeth Alexander, an attorney who represents clients in one of the cases, said plaintiffs would try to block TVA's move.
"The bottom line is that TVA is asking the court to dismiss all the claims against it and find it can't be held accountable," Alexander said in a statement. "If they are successful, it would wipe out any claims against TVA for this enormous disaster."
U.S. District Judge Tom Varlan issued an order Friday giving plaintiffs in the four-class-action and three non-class-action complaints until July 10 to respond. Varlan also set guidelines for evidence discovery, limiting it for now to information on the question of the discretionary function doctrine and punitive damages claims.
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