“The Court held the TVA must answer for its alleged negligence that directly led to one of the largest environmental catastrophes in our country’s history. This is a tremendous victory in the effort to hold the TVA accountable for the severe damage it has caused to residents and the environment,” said Alexander.
The TVA argued it can not be held liable for the disaster because it is an arm of the federal government and immune from lawsuits. In denying the TVA’s motion, the Court held “once a relevant policy decision has been made, the government is accountable for its negligence in the implementation of that decision.” The Court explained, “Neglect of the facilities, neglect of day-to-day maintenance, ignoring policies and procedures, failing to implement corrective measures or modifications under those policies or procedures, and the failure to have in place policies and procedures are not discretionary decisions involving the permissible exercise of polices judgment and consideration of public policy.”
For a copy of the Court’s order, go to www.lieffcabras-er.com/pdf/20100326_tva_order.pdf.