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Thursday, October 17, 2019

States, federal government seek damages from Duke Energy over 2014 coal ash spill

Federal Court

By Carrie Bradon | Jul 26, 2019


North Carolina Attorney General Josh Stein

WINSTON-SALEM, N.C. (Legal Newsline) – Two states and the federal government are seeking damages from an energy company relating to a coal ash spill in North Carolina in 2014.

United States of America, the state of North Carolina, the commonwealth of Virginia and its secretary of natural resources filed a complaint July 18 in the U.S. District Court for the Middle District of North Carolina against Duke Energy Carolinas LLC citing the Comprehensive Environmental Response, Compensation and Liability Act.

The suit concerns the release of coal ash when liquefied coal ash spilled into the Dan River and on Feb. 2, 2014, from the defendant's Dan River Steam Station near Eden, North Carolina. The suit states 27 million gallons of coal ash wastewater were spilled into the Dan River, and in the days following, the spill the residue was found as far as 70 miles downstream from the station. 

The plaintiffs allege they have determined that the negligence of the defendant and the release of the ash has caused damages and injuries to birds, fish, insects, reptiles, amphibians and all other lifeforms that rely on the river. They allege they have incurred and will incur costs for restoration.

The plaintiffs are seeking for a judgment finding the defendant liable for damages and costs. The plaintiffs are represented by attorneys with the U.S. Department of Justice, North Carolina Department of Justice and Virginia Attorney General's Office. 

U.S. District Court for the Middle District of North Carolina case number 1:19-CV-00707

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U.S. District Court for the Middle District of North Carolina Winston-Salem Division

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