This just in, Knoxville law firm Ball & Scott, Hausfeld LLP in DC, and attorney Bruce Fox in Clinton have filed a class action today in U. S. District Court in Knoxville against TVA on behalf of riparian landowners on the Emory & Clinch Rivers under a private nuisance theory.
The action is similar to previous lawsuits against Pigeon River polluters Champion International and Blue Ridge Paper.
Michael Hausfeld is best known as the attorney who years ago brought action against Swiss Banks for conspiring with the Nazis in WWII. He got $2.3 billion settlement for Holocaust survivors and waived his attorney fee.
UPDATE: Specifics of the complaint...
4. TVA's actions at the Kingston Steam Plant have substantially and unreasonably interfered with the Plaintiff and other proposed Class members' property rights, privileges, and have substantially and unreasonably interfered with their use and enjoyment of their property so as to constitute a private nuisance under Tennessee common law.5. Plaintiff - a riparian owner of land on the Clinch River downstream from the Kingston Steam Plant in Roane County, Tennessee - alleges that the TVA's December 22, 2008 discharge of the coal ash slurry has substantially and unreasonably interfered with Plaintiff slight to use and enjoy his property. Specifically, Plaintiff alleges that TVA's coal ash slurry spill has: (a) unreasonably altered and diminished the quality of water for Plaintiff and proposed Class members; (b) substantially diminished the quality of the surrounding environment; (c) substantially impaired the quality of life of the Plaintiff and proposed Class members and disrupted their well-being; (d) caused Plaintiff and proposed Class members to suffer a substantial disturbance in comfort and conveniences, including their peace of mind, as well as fear, stress, annoyance, and anxiety, e.g., Plaintiff and other proposed Class members have heretofore been warned about allowing their children to play outside, not to go outdoors if they suffer from asthma, not to do heavy exercise outside, all due to the possibility of breathing the fly ash; and ( e) caused Plaintiff and other proposed Class members to suffer out-of-pocket losses.
6. As a result of the massive discharge of coal ash slurry on Dec. 22, 2008, TVA has created a private nuisance by altering the properties of the surrounding waters, by discharging wastes into those waters, and by otherwise discharging such wastes, pollutants, and contaminants into the surrounding Roane County environs. TVA has therefore engaged, and continues to engage, in conduct - whether otherwise lawful or not - that substantially and unreasonably interferes with or obstructs rights common to the Plaintiff and other proposed Class members. Based upon TVA's conduct, as described herein, TVA is liable to Plaintiff and other proposed Class members for the creation of the private nuisance under Tennessee common law.
The plaintiffs seek damages in excess of $5 million.
|
Topics:
|
|
Discussing:
- Bernie Sanders vs AI (1 reply)
- SoKno discombobulation continues (2 replies)
- Execution failed!!! (3 replies)
- GOP Senator "deserves the obloquy" (2 replies)
- AI company going public says "existential risks to humanity" (2 replies)
- Michaela Barnett for Congress TN-02 (2 replies)
- Timing is everything (2 replies)
- Presidential protest? Deja vu? (3 replies)
- Republican midterm strategy 2026 (2 replies)
- Kerbela Development: Understanding the Appeal and What Happens Next (1 reply)
- 865 Neyland Entertainment District announcement (3 replies)
- Federal court rules Constitution doesn't guarantee clean water (2 replies)
Upcoming events:
- Nov 5 2026 - 5:30pm (2 weeks 2 days from now)
TN Progressive
- Tues., Oct. 20, 2026, Free Flu Shots at Blount County Health Dept. (BlountViews)
- View from the Overlook (Whitescreek Journal)
- Alcoa property taxes will probably not go up (BlountViews)
- Smith & Wesson not a good fit for Blount County (BlountViews)
- Pellissippi Parkway extension delayed again (BlountViews)
- WATCH THIS SPACE. (Left Wing Cracker)
- America As It Is Right Now (RoaneViews)
- A friend sent this: From Captain McElwee's Tall Tales of Roane County (RoaneViews)
- The Meidas Touch (RoaneViews)
- Massive Security Breach Analysis (RoaneViews)
- (Whitescreek Journal)
- My choices in the August election (Left Wing Cracker)
TN Politics
- Aging farmers and the government want to save farms, but for many the cost is too high (TN Lookout)
- Lawsuit: Tennessee to impose immigration checks in HIV/AIDS safety-net program (TN Lookout)
- Commentary: Tennesseans should oppose displays of the Ten Commandments in public schools (TN Lookout)
- Memphis schools state takeover paused again (TN Lookout)
- With 2 weeks until midterms, analysts say Dems still on track to win US House majority (TN Lookout)
- Ukrainians and Sudanese with temporary legal status will keep protections for now (TN Lookout)
Knox TN Today
- Let’s Talk: Neighbors — A new church, a Farragut legacy and community connections (Knox TN Today)
- Burials, Barns, and Backstories: The Randles of Thorn Grove (Knox TN Today)
- All the pools I’ve loved before (Knox TN Today)
- BBQ Meatball & Pineapple Bowls: It’s Crockpot Season! (Knox TN Today)
- Above & Beyond: $25,000 Toyota award helps Goods4Greatness keep kids in the game (Knox TN Today)
- Can I do it? Bunco beginners discover the fun is in the laughter (Knox TN Today)
- Does homeowners insurance cover your shed, fence and detached garage? (Knox TN Today)
- Girl Scouts honor trailblazing mother-daughter duo at Trefoil Luncheon (Knox TN Today)
- What financial documents should your family be able to find in an emergency? (Knox TN Today)
- Tennessee can play at home; it may can win on road (Knox TN Today)
- Trooper Cedric Roach works to alter behavior, reduce fatalities (Knox TN Today)
- Game Ball: Don Grogan tops the writers in Tennessee’s win over Alabama (Knox TN Today)
Local TV News
- Lakeshore Park improvements to serve Knoxville community 'for generations to come' (WATE)
- Zoo Knoxville announces 2026 opening date for Smoky Night Lights (WATE)
- Man arrested after standoff in Kodak accused of lighting woman on fire (WATE)
- Knoxville native Emily Ann Roberts to perform at Tennessee Theatre during 2027 tour (WATE)
- Knox County early voting up over 50% from 2022 in first 5 days (WATE)
- Cold temperatures can trigger your tire pressure light. Here's why (WATE)
News Sentinel
State News
- Free Press Editorial: Don’t decide school board pick by Ten Commandments - Chattanooga Times Free Press (Times Free Press)
- 88-year-old woman killed in Main Street crash, driver charged - Chattanooga Times Free Press (Times Free Press)
- Neyland Stadium sets noise record during win over Alabama - Chattanooga Times Free Press (Times Free Press)
- Meet the Chef: Joey Milenkovic commands Southside’s new Bona Fide - Chattanooga Times Free Press (Times Free Press)
Wire Reports
- Attack Ad Featuring Candidate’s Mother Turns Ohio Governors Race Even Uglier - The New York Times (US News)
- Jane Doe says Cornell president appeared to question her allegations in letter to Faculty Senate - NBC News (US News)
- If Elon Musk gifts SpaceX stock through Trump Accounts, it will come with a catch - CNBC (Business)
- Dow jumps 400 points as solid earnings, falling crude oil stir rebound: Live updates - CNBC (Business)
- More survivors emerge in account of deadly Bend elementary school shooting - OregonLive.com (US News)
- Elderly couple plead not guilty to shooting son-in-law to death at California park - NBC News (US News)
- Ahead of massive IPOs, AI companies are sketching plans to share their wealth - AP News (Business)
- Offshore nor’easter creating high surf and coastal flooding along the East Coast - NBC News (US News)
- Bloomberg Gives Democrats $80 Million in 11th-Hour Midterm Push - The New York Times (US News)
- GM's third quarter net income surged 151% even as overall sales dipped - Detroit Free Press (Business)
- The weird reasons why Alaska Republicans are so worried about their Senate race - Politico (US News)
- Walmart rolls out new bundle combining Walmart+, Sam’s Club Plus - Fox Business (Business)
- What if an AI bubble bursts — and that accelerates AI job losses? : Planet Money - NPR (Business)
- Google Cloud Outage Takes Down Revolut and Other Banks in UK - Bloomberg.com (Business)
- Trump warns Kansans that US will 'burn' like France if Democrats win - Reuters (US News)
Local Media
Lost Medicaid Funding
Search and Archives
TN Progressive
Nearby:
- Blount Dems
- Herston TN Family Law
- Inside of Knoxville
- Instapundit
- Jack Lail
- Jim Stovall
- Knox Dems
- MoxCarm Blue Streak
- Outdoor Knoxville
- Pittman Properties
- Reality Me
- Stop Alcoa Parkway
Beyond:
- Nashville Scene
- Nashville Post
- Smart City Memphis
- TN Dems
- TN Journal
- TN Lookout
- Bob Stepno
- Facing South

The local guys had to file, Erin Brockovich is coming to town
with the hot shots from New York City Weitz & Lamborghini or something, with Erin excepted to sign up all of the "downstream" victims.
Saddest thing of all is folks down on the main channel of the Tennessee River, including Representative Heath Shuler and all of his development, will be jaded by these assertions and claims, may possibly join in the lawsuit, however, except for those property owners within a 1/2 mile radius of the sludge pile, the money they will get out of a lawsuit will pale in comparison to what they could get for their property if they would take the position that their property/water is clean/safe and quit trying to point the finger at TVAs screw ups that did not affect them. Roane County is not Three Mile Island and it is not Love Canal, but with these lawyerly types running around filing class actions, trying to make people believe that it is, property from Harriman to Chattanooga on both sides of the river will be worthless/contaminated and TVA won't be liable for a nickle of it.
In my humble opinion, the whole thing is like a MARTA bus wreck, 43 seats on the bus, 288 lawsuits filed claiming injuries and demanding compensation.
That's a legitimate concern.
That's a legitimate concern. But this lawsuit is very specific to the Emory and Clinch River landowners in the directly affected areas.
I am one of those, BTW
It's a curious thing to me... My lake property is upstream of the spill and totally not affected except for the signs on the buoys saying the River is closed and that I'll be arrested for criminal tresspass if I paddle around in the cove. There was someone camped on the island, too. Too strange.
Even so, I would be very hard pressed to get the appraised value for the lots. funny too, is the fact that the guy who built the new house across from me retired from the EPA Dec. 31, 2008.