Plaintiffs suing the Tennessee Valley Authority for damages caused by the Kingston coal ash spill are once again asking the court to order mediation so that the parties can decide upon a settlement. The TVA is still openly opposing the motion.

Nashville mediation attorney Elizabeth A. Alexander is representing some of the plaintiffs suing the TVA. She was said to have filed a response in the eastern division of the U.S. District Court of Knoxville. She disputed the TVA's reasons for not going into civil mediation claiming it to have been an issue of the TVA avoiding resolution as a means of stalling and legal strategy.

U.S. District Judge Tom Varlan ordered each side to present proposals in regards to how the damages phase of the trial would begin after having found the TVA liable in the ash spill at Kingston Fossil Plant that occurred in December of 2008. Plaintiffs motioned that the parties resort to mediation as opposed to going to trial.

TVA Attorney's Filing Opposes Plaintiffs' Desire For Mediation

TVA is claiming that their reasons for opposing the idea of mediation is due to timing, stating that it is too early, that other legal issues need to be taken care of and that the discovery phase has not been initiated in over half of the claims against them, as stated by TVA's mediation lawyers.

Plaintiffs' Mediation Attorney States TVA Is Avoiding Further Claims

Alexander's filing for the plaintiffs included claims that a mediation settlement could leave the TVA open for new claims for as long as the next two years according to the statute of limitations. “However, nothing is stopping additional plaintiffs from filing new claims today, but this have not happened, even after the Court's liability determination.” her filing also stated.

The week that the 2008 ash spill occurred, Roane County, Tennessee officials and the TVA started talks about rebuilding the community after a crumbling dike collapsed at the Kingston Fossil Plant, causing 5.4 million yards of coal and ash sludge into the Emory River and surrounding terrain.