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Statute of limitations — North Carolina
North Carolina General Statutes § 1-52(16) provides a 3-year statute of limitations for personal injury claims arising from toxic exposure, running from the date the plaintiff discovered or reasonably should have discovered the injury and its connection to coal ash contamination. Property damage claims also carry a 3-year limitations period under NCGS § 1-52(1). The discovery rule is critical in coal ash cases because contamination may have been occurring for decades before well testing revealed it.
3 years PI (NCGS § 1-52(16)), 3 years property
Filing venue
Where to File in North Carolina
North Carolina state court claims proceed in Superior Court. Key venues include Wake County (Raleigh — Duke Energy headquarters), Mecklenburg County (Charlotte — Allen Steam Station), Rowan County (Riverbend), Rockingham County (Dan River), and New Hanover County (Sutton plant). Federal claims may be filed in EDNC (Raleigh), MDNC (Greensboro/Winston-Salem), or WDNC (Charlotte/Asheville). North Carolina is a contributory negligence state — one of only four remaining — meaning any plaintiff fault can bar recovery entirely, making careful case preparation essential. The state does not cap compensatory damages in environmental tort cases. North Carolina courts have been receptive to coal ash contamination claims following the Dan River spill, and the NC Coal Ash Management Act of 2014 (NCGS Chapter 130A, Article 9) created a regulatory framework that supports contamination claims.
North Carolina data
Exposure in North Carolina
Duke Energy coal ash impoundment sites across North Carolina, containing an estimated 150+ million tons of coal combustion residuals stored in unlined ponds near rivers and groundwater
17+
Source: NC Department of Environmental Quality
Coal ash spilled into the Dan River from Duke Energy's retired Dan River Steam Station in February 2014, contaminating 70 miles of river and triggering federal criminal charges
39,000 tons
Source: U.S. EPA / USDOJ
Private wells near Duke Energy coal ash sites in North Carolina where contamination testing has been conducted, with hundreds showing arsenic, hexavalent chromium, or vanadium above EPA health advisory levels
2,500+
Source: NC DHHS / NC DEQ
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