Judge opposes class action in TVA coal ash suits

AP via KnoxNews ^ | 1/20/11 | Bill Poovey, Associated Press

[SmithL]

CHATTANOOGA — The Tennessee Valley Authority won another round in a court fight against lawsuits from the utility’s huge coal ash spill, with a magistrate saying no to plaintiff lawyers who asked to seek damages in a class action.

U.S. Magistrate Bruce Guyton recommended denying the class action status sought by attorneys for some of the 457 plaintiffs spread among about 50 current lawsuits, and for any others waiting to sue.

Since the Dec. 22, 2008, spill of 5.4 million cubic yards of toxin-laden sludge in the Emory River and on privately held land beside TVA’s’ Kingston Plant, the utility has negotiated buyouts of more than 170 properties and is continuing a cleanup that is projected to cost $1.2 billion.

“A class action is not superior to other available methods for fairly and efficiently adjudicating these cases,” Guyton said in his recommendation.

“The diversity of claims in these cases and the danger of plaintiffs being excluded from asserting their individual claims for personal injury, medical monitoring, or other claims undermine the adequacy of representation” in a class action, . . .

[SmithL]

TVA estimates the cost of cleaning up the Kingston coal ash spill at $1.5 billion. This photograph was taken Dec. 22, 2008 when a waste-filled pond failed, sending 5.4 million cubic yards of ash into the Clinch River and over 300 acres of land.

[cva66snipe]

I can see dropping the class action suit. But congress needs to make certain the landowners and residents who suffered damages get compensation. I would consider double the market value of the land, double market value of the homes {at the time of the spill}, and double value of their personal belongings at new retail price plus responsibility for life for any medical issues resulting from exposures as being fair.

TVA has brought much of the animosity and mistrust people in the Tennessee Valley region have for it on itself. Almost ever since it became an agency it has been known for strong arm bullying tactics. TVA has a real estate and compensation department. They should have been busy cutting checks to those directly affected within a few days of the incident.