Ash spill talks go on; judge gives 120 more days for mediation

Apr 3 - McClatchy-Tribune Regional News - Ed Marcum The Knoxville News-Sentinel, Tenn.

 

A judge has granted both TVA and those suing it over the 2008 Kingston coal ash spill an extra 120 days to mediate a settlement.

U.S. District Judge Tom Varlan filed an order March 21 giving the parties 120 days to continue mediating a case in which more than 800 plaintiffs are suing TVA for damages related to the spill.

This is an extension of an initial mediation period. In November, Varlan ordered both sides to mediate and gave them 120 days to settle their issues.

But on March 20, lawyers for TVA and for the plaintiffs filed a joint motion asking for more time. In his order granting the request, Varlan noted the complexity of the case, which involves more than 60 different lawsuits.

The order stays all litigation during the mediation period and gives the parties seven days within the conclusion of mediation to file a report to the judge on the outcome.

If the parties fail to reach a complete settlement, Varlan will enter an order directing how the damages phase of the trial will proceed.

In August, Varlan found TVA liable in the, 2008 spill, which released 5.4 million cubic yards of coal ash sludge into the Emory River and on surrounding countryside, when a dike at the Kingston Fossil Plant failed. Property owners began filing lawsuits against TVA, claiming both property damages and health problems related to the coal ash.

The initial phase of the trial began in late September 2011 and continued for about a month. After TVA was found liable, plaintiffs pushed for mediation.

TVA attorneys resisted the idea, but Varlan decided mediation should at least be tried before another likely lengthy phase of the trial takes place.

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