ROANE COUNTY, Tenn. (WVLT) – More information could be released on April 17th concerning several lawsuits that have been filed against TVA in relation to the Roane County ash spill.

On December 22nd, 2008 more than 5.4 million cubic yards of coal fly ash burst breached a retention pond at the Kingston Fossil Plant in Harriman. The spill covered acres of surrounding properties with the coal-burning by-product and damaged or destroyed a number of homes.

"It's the most terrible thing that's ever happened to this area, it's just unbelievable," said Noah Howard, a Harriman resident who lives just west of the Kingston Fossil Plant.

It’s believed that the retention pond damn failed due to a number of factors including high rain totals leading up to the accident as well as low temperatures. There has also been minor speculation as to if seismic activity may have played a role. At least three small earthquakes occurred in East Tennessee in the seven days leading up to the spill. All three had epicenters located within 75 miles of the Kingston Fossil Plant.

Howard, a World War II veteran and longtime Roane County resident was awake when the spill occurred. He told Volunteer TV News that he believed the retention pond failed for a completely different reason.

“I was sitting watching TV and a trainload of coal passed by and shook my house,” he said, noting the train was made up of about 100 cars. “It then went straight down into the fill. When it went into the fill, it shook something loose down there and the train was sitting in the middle of it.”

Since the spill, hundreds of Howard’s neighbors have filed lawsuits against the federal power provider.

Around 200 suits have been brought together in a direct action lawsuit by Weitz & Luxenberg PC. The New York-based firm started conducted independent tests of the fly ash shortly after the spill.

Celebrity activist Erin Brockovich works closely with Weitz & Luxenberg. On Wednesday night, she returned to Roane County to discuss the firm’s on going tests as well as update clients on the status of the legal action. According to Brockovich, the cases are far from wrapping up.

"I believe TVA is contending that they may be exempt,” she said. “That is going to be in court for awhile. We probably won't even have a decision on that till September.

Howard hasn’t filed a lawsuit against the TVA, but he attended the special publish meeting on Wednesday to hear the latest update. Though his property wasn’t affected, he still hopes for something to be done quickly with the mess.

“I use to fish there all the time, me and my neighbor,” he said. “I'd like to see them clean that area out again.”

EPA and state environmental officials have already said the spill area tests positive for higher than normal levels of arsenic.

Brockovich said the firm’s independent tests confirm the arsenic readings and also found higher than normal traces of radionuclides in the soil. A radionuclide is what happens when an element, such as radium or thorium undergoes radioactive decay.

The firm’s air monitoring stations have also picked up levels of lead, zinc, chromium and barium that are three to four times higher than EPA standards.

Trucks only recently started hauling fly ash away from the spill scene, but for Noah Howard, the incident has already changed the community for the worse.

“It will never be the same,” he said. “I can picture what it was in the beginning and now there is just a mountain of goop.”