TVA asks for dismissal of coal ash spill lawsuits, saying plaintiffs not damaged by spill

TVA says ash spill caused no harm to people suing

CHATTANOOGA, Tenn. — Tennessee Valley Authority attorneys are asking a federal judge to dismiss 58 lawsuits over the toxic muck that spilled from a holding pond at one of the public utility’s plants in 2008.

The filing Friday asks the court to throw out the lawsuits seeking damages from the ash spill at the utility’s coal-fired power plant in Kingston, Tenn.

TVA attorneys refer to the spill as a “slide” and say it did not cause ash to be deposited on the plaintiffs’ property or cause harm to their health.

The motion filed in Knoxville says TVA has no legal obligation to keep its reservoirs safe for public recreational use and enjoyment.

The Environmental Protection Agency has said the ash contains arsenic, cadmium, chromium, lead, mercury and other hazardous substances. A trial is set for September 2011.