Steve Ahillen and Jake Lowary

The (Nashville) Tennessean

NASHVILLE — A federal judge dealt a win to environmentalists on Friday ruling against the Tennessee Valley Authority over how it stores coal ash near its Gallatin power plant.

The ruling comes after a trial earlier this year claiming the agency violated the Clean Water Act by storing coal ash in unlined storage ponds.

"This is an absolute win for us and our clients and the people of Tennessee who deserve to have clean water," said Beth Alexander, lead attorney for the Southern Environmental Law Center.

TVA argued there was no direct link between the ponds and the Cumberland River, but the environmental groups filed a motion just weeks ago that said TVA's own testing showed otherwise.

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The judge's ruling requires TVA to excavate the unlined ponds used to store the ash and put it in a safe, lined landfill.

Coal ash is a byproduct of burning coal for power, and has heavy metals like arsenic, mercury and lead in it, which can be harmful or fatal to humans and animals if consumed in large quantities or over long periods.

TVA spokesman Scott Brooks on Friday said, “We are reviewing the order to determine our next steps.”

This could include an appeal, but neither side would speculate on that Friday.

“It is important to note that there are no adverse human health or environmental impacts connected to the coal ash storage at Gallatin,” Brooks said. “The court noted the lack of evidence of such impacts.

“TVA remains committed to protecting the environment as we work to convert our current coal combustion residuals to dry storage at Gallatin and across our system.”

TVA is already in the process of building a dry storage landfill and getting away from the wet storage it had used for years, but was waiting on direction from the state.

Brooks has said the utility preferred to dewater the old coal ash and then "cap and cover" in place, leaving the dry byproduct in the old ponds.

SELC tried the case on behalf of the Tennessee Scenic Rivers Association and Tennessee Clean Water Network, which has been at odds with TVA for years over what they have said is a long history of coal ash pollution into the Cumberland River, where much of Gallatin and Nashville draw its drinking water.

Don Safer, a board member with the rivers association, previously told USA TODAY Network, "It's almost like (TVA) put it directly into the river."