Contractor Doesn't Have Immunity to Claims Arising From Coal Ash Cleanup

A federal appellate court ruled that the prime contractor for a coal ash cleanup project was not entitled to derivative immunity as a corollary of the discretionary function exception to the Federal Tort Claims Act. Case: Adkisson v. Jacobs Engineering Group Inc., No. 21-5801, 05/18/2022, published. Facts: The Tennessee Valley Authority is wholly owned by the United States government. It owns, operates and manages the Kingston Fossil Fuel Plant in Roane County, Tennessee. One of the containment dikes that retained a pond used to dispose of coal ash sludge failed in December 2008. ...