State litigation guide · Georgia

Coal Ash Contamination Lawsuit in Georgia

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Statute of limitations — Georgia

Georgia Code § 9-3-33 provides a 2-year statute of limitations for personal injury claims arising from toxic exposure. Property damage claims carry a 4-year limitations period under OCGA § 9-3-30. The discovery rule applies — the limitations period begins when the plaintiff discovers or reasonably should have discovered the injury and its causal connection to coal ash contamination.

2 years PI (OCGA § 9-3-33), 4 years property

Filing venue

Where to File in Georgia

Georgia state court claims proceed in Superior Court. Key venues include Monroe County Superior Court (Plant Scherer), Bartow County (Plant Bowen), and Chatham County (Plant McIntosh/Savannah area). Federal claims may be filed in MDGA (Macon) or NDGA (Atlanta). Georgia applies a modified comparative negligence standard — plaintiff recovery is reduced by their percentage of fault and barred if 50% or more at fault. Georgia caps punitive damages at $250,000 in most cases under OCGA § 51-12-5.1, though the cap does not apply when the defendant acted with specific intent to cause harm or was under the influence of drugs or alcohol. Southern Company and Georgia Power are well-capitalized defendants. Georgia's Hazardous Site Response Act (OCGA § 12-8-90) may provide additional statutory remedies for coal ash contamination.

Georgia data

Exposure in Georgia

Georgia Power's Plant Scherer in Monroe County is the largest coal-fired power plant in the United States by capacity (3,520 MW), generating enormous volumes of coal combustion residuals stored in on-site impoundments

Plant Scherer

Source: EIA / Georgia Power

Georgia EPD monitoring has confirmed arsenic, lithium, cobalt, and radium exceedances in groundwater at multiple Georgia Power coal ash sites, including Plant Bowen in Bartow County and Plant Hammond

Groundwater contamination

Source: Georgia Environmental Protection Division

Georgia Power operates 19 coal ash impoundment units across the state, many unlined and located adjacent to rivers and streams, with several failing to meet EPA CCR Rule groundwater protection standards

19 coal ash ponds

Source: EPA Coal Combustion Residuals National Database

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