A resolution was recently reached between Georgia Power and several dozen plaintiffs over allegations that a Monroe County power plant was the cause of illnesses suffered by nearby residents.
An agreement reached outside of the courtroom brings an end to 10 lawsuits filed by 69 plaintiffs living near Plant Scherer, which was once the nation’s largest coal-fired power plant. Residents relied on well water before the county extended a water line to the community a couple years ago.
The case of Juliette’s Kylie Seitz was set to go to trial in November before the 10 lawsuits were resolved. In her lawsuit against Georgia Power, the 20-year-old sought damages for ailments she alleged were caused by Scherer that led to her being diagnosed with bone cancer at the age of four and having a permanent limp as a result of a metal rod being inserted in one of her legs.
“Every one of the cases was resolved to the mutual satisfaction of the parties,” said plaintiffs’ attorney Stacey Evans, who is also an Atlanta Democratic state House legislator.
The terms of an agreement had not been made public as of Monday.
Monroe County Superior Court Judge Thomas H. Wilson wrote in a Nov. 22 order that Georgia Power collected several samples connected to Scherer’s water wells and groundwater, but the evidence did not support the plaintiffs’ claims.
A Georgia Power spokesman said in a statement Monday that the utility agreed with the judge’s finding that the coal ash pond has kept pace with changing regulations during its more than 40 years in operation.
“Georgia Power has been, and continues to be, confident in the strengths of our case,” the utility company’s statement reads. “We were prepared to try the case in August and again in November. We are pleased with the Court’s decision in this case, which concluded that Plant Scherer does not negatively impact drinking water and did not cause or contribute to any injuries.”
The outcome of the yearslong legal battle is another chapter in the long-running dispute over coal-fired power plants and the toxic waste they leave behind.
In 2015, the Obama-era EPA put in place national standards for handling and disposal of coal ash to prevent pollution and coal ash disasters.
And more stringent rules were adopted during the Biden administration, but concerns have grown about the threat of rollbacks once President-elect Donald Trump takes office in January.
A few years ago, the Altamaha Riverkeeper began testing the water flowing from faucets in homes near Scherer and pushed back against the power company’s plans to close-in-place the coal ash at Plant Scherer, where the ash is left in contact with groundwater.
Under Biden, the EPA has written letters to the Georgia EPD stating that Georgia Power’s coal ash closure plans do not comply with federal rules, which prevents the ash from coming in contact with groundwater.
“According to all the disclosures so far it appears the power company is still on track to illegally close the waste pit at Plant Scherer in contact with groundwater,” said Fletcher Sams, executive director of the Altamaha Riverkeeper. “What remains to be seen is if the EPA will actually enforce the law.”
The Southern Environmental Law Center has been critical of the Georgia EPD for refusing to block Georgia Power’s plans to leave coal ash in contact with groundwater in unlined pits at Scherer and other locations.
“Georgia EPD has made it clear that it will not follow the law and protect Georgia’s clean water and communities from toxic coal ash pollution,” says Frank Holleman, a senior attorney with the Southern Environmental Law Center. “EPA is charged with overseeing EPD’s program, and we need EPA to step in to protect Georgia’s rivers and neighborhoods, because EPD will not.”
