published Thursday, August 23rd, 2012

Federal judge rules TVA liable for coal ash spill

December 29, 2008 - A amphibious track hoe clears a channel for water to drain from the ash and water event at the TVA Kingston Steam Plant.
December 29, 2008 - A amphibious track hoe clears a channel for water to drain from the ash and water event at the TVA Kingston Steam Plant.
Photo by The Knoxville News Sentinel /Chattanooga Times Free Press.
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KNOXVILLE - A federal judge has ruled that TVA is liable for the failure of a storage cell which led to a massive ash spill in Roane County .

In a written opinion issued this morning, U.S. District Judge Thomas Varlan said that “TVA is liable for the ultimate failure of North Dike which flowed, in part, from TVA’s negligent nondiscretionary conduct.”

The ruling also said that while plaintiffs’ claims of negligence, trespass, and private nuisance will proceed to Phase II proceedings, plaintiffs’ claims of negligence per se will not and will be dismissed.

Read more at KnoxNews.com.

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