Cases alleging that Georgia Power’s coal ash caused health problems have been resolved

Cases alleging that Georgia Power’s coal ash caused health problems have been resolved

In recent years, dozens of residents living near Georgia Power’s largest coal-fired power plant near Macon have filed lawsuits alleging that pollutants from the site contaminated groundwater and made them sick.

In recent weeks, just before one of the cases was set to go to trial, 10 related lawsuits were settled out of court, potentially bringing an end to years of litigation.

Out-of-court settlements typically mean a settlement has been reached, but neither Georgia Power nor plaintiffs’ attorneys would confirm that a settlement has been reached — or what the terms are. In response to questions from the Atlanta Journal-Constitution about a possible settlement, both sides responded only that the case had been “resolved to the parties’ mutual satisfaction.”

One of the cases was scheduled to go to trial last month. Just before Thanksgiving, a Monroe County Superior Court judge issued a series of rulings on Georgia Power’s motions, mostly siding with the utility. These rulings appear to have sent both sides to the negotiating table.

Days later, a case in Monroe County and nine other lawsuits filed in federal court in Macon were voluntarily dismissed by the plaintiffs with prejudice, meaning they cannot be refiled.

At the center of the lawsuits was Plant Scherer, a massive power plant in Juliette, about 20 miles northwest of Macon, that has burned coal to generate electricity since the early 1980s. Burning coal to generate electricity leaves behind coal ash, a byproduct that contains lead, mercury, cadmium and other toxic metals that have been linked to cancer and other serious illnesses.

Like many other coal-fired power plants, Scherer’s waste was dumped into a huge lagoon called an ash pond. According to the company, the plant’s ash pond no longer contains coal residue as of 2019, but still contains more than 15 million tons of the material. But at Scherer the waste lake is unlined.

The lawsuits detailed serious health problems that plagued the plant’s neighbors. They ranged from cancer and skin damage to cardiovascular and neurological problems.

The cases were broadly similar, arguing that toxins from the ash pond leaked into the groundwater that many residents used for drinking water and were responsible for their health problems. They also claimed that Georgia Power’s construction of Lake Juliette, a separate reservoir near the power plant, disrupted naturally occurring uranium deposits in the area, leading to unsafe levels of the toxic element in drinking water wells.

Georgia Power has denied the claims.

The plaintiffs sought to hold the company liable for, among other things, negligence, failure to warn, harassment, trespass and personal injury. The lawsuits sought compensation for “ongoing personal injury and property damage,” punitive damages, funding for medical monitoring, an injunction to stop the alleged ongoing harassment and trespassing, and other remedies.

Before the cases were voluntarily dismissed, Monroe County Superior Court Judge Thomas H. Wilson ruled that he believed several plaintiffs’ cases did not meet the burden of proof required to prove that their illnesses were caused by the Operation of Georgia Power at the Scherer plant. The judge also concluded that many of the negligence and nuisance claims related to Scherer’s ash pond and the construction of Lake Juliette should be dismissed, as should the residents’ request for medical monitoring.

“There are no material facts supporting plaintiffs’ allegations that Plant Scherer’s operations caused or contributed to any personal injury alleged in this case,” Wilson wrote.

Georgia Power spokesman Jacob Hawkins said the company was “satisfied with the court’s decision in this case, which concluded that Plant Scherer did not adversely impact drinking water and did not cause or contribute to injury.”

Stacey Evans, an attorney for the plaintiffs and the Atlanta state representative in the General Assembly, said the judge’s decision does not prevent all cases from going to trial. Evans said she and the other members of her legal team are prepared to try the case of Kylie Seitz, a Juliette resident and plaintiff in the Monroe County case who claimed she suffered injuries from exposure to radium, lead and other elements.

“Although ready for trial, Kylie and all 69 plaintiffs in all 10 cases pending in state and federal courts were pleased to be able to resolve the cases to the parties’ mutual satisfaction,” Evans said in a statement.

Concerns about groundwater contamination around Scherer have already led Monroe County to install water lines to serve residents near the coal-fired power plant, eliminating the need for them to rely on wells.

Richard Dumas, Monroe County’s public information officer, said the county completed a $20 million project in 2022 to extend county water service to about 900 homes near Scherer. So far, about 450 have switched to district water, he said.

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