Settlement Reached in Lawsuit Stemming from Tennessee Coal Ash Cleanup

Attorneys representing workers who suffered from various illnesses after participating in the cleanup of a major coal ash spill in Tennessee have announced a settlement with the contractor responsible for organizing the cleanup on behalf of the Tennessee Valley Authority (TVA). The resolution marks a significant development in the long-standing lawsuit stemming from the Kingston ash spill site cleanup.

In December 2008, a deluge of muddy sludge, containing coal ash, inundated the Emory River and surrounding properties, originating from storage areas near the Kingston Fossil Plant. Jacobs Engineering was hired by the TVA to tackle the massive task of removing the ash.

In 2013, more than 200 workers filed a lawsuit against Jacobs, alleging that the company’s supervisors had misled them about the hazards posed by the ash, failed to provide proper protective equipment, and tampered with air monitoring devices designed to ensure worker safety.

In 2018, a jury in Knoxville swiftly determined that Jacobs had breached its duty to ensure worker safety, exposing them to airborne "fly ash" containing well-known carcinogens. The jury concluded that Jacobs’ actions had the potential to cause illness among the workers. However, the question of whether each worker’s specific illness was caused by the ash exposure was left for a subsequent phase of the federal civil trial.

Acknowledging the protracted nature of the lawsuit and the pressing need for medical care among the workers, the presiding judge ordered the two parties to attempt mediation. Unfortunately, mediation proved unsuccessful, and the case dragged on as Jacobs continued to file appeals, seeking to have the lawsuit dismissed.

Jacobs Engineering twice petitioned the 6th U.S. Circuit Court of Appeals, arguing for immunity from the lawsuit based on its representation of the federal agency, TVA; however, the court ruled against Jacobs on both occasions.

Throughout the delays in the workers’ lawsuit against Jacobs, several plaintiffs passed away.

Jacobs has consistently maintained that it executed the cleanup in a safe manner and bears no responsibility for the workers’ illnesses. The TVA has refrained from commenting on the personal injury cases, except to state that worker safety was Jacobs’ responsibility. The agency emphasized that coal ash is classified as nonhazardous by the Environmental Protection Agency (EPA).