Coal ash victims may not get the compensation they deserve
April 15th, 2009 by Jennifer Walker-Journey
When the Tennessee Valley Authority (TVA) coal ash impoundment pond burst last December, it did more than dump a billion gallons of toxic material on to peoples’ property and into Emery River where people from all around would fish, boat and swim. It destroyed homes in its wake, and quickly diminished property values. And it created a nuisance not just to those who had to flee the area, but to the ones who stayed who now live with the 20-hour-a-day, continuous cleanup effort by the TVA.
The Tennessee Department of Environment and Conservation (TDEC) ordered total remediation so that the utility must clean up the site completely. That cleanup effort is so massive it could take years to complete and is estimated to cost the utility between $525 million and $825 million.
“It is unlikely that the land can be fully restored to conditions present before the spill,” says Rhon Jones, Toxic Torts Section Head with Beasley Allen law firm. “It will take a long time for the area to heal, and the long-term effects may not be known entirely for some time.”
Coal ash may contain dangerous toxins such as arsenic, lead, chromium, manganese and barium which can contribute to dangerous health conditions such as cancer, liver damage and neurological complications, to name a few. Many residents already have complained of respiratory problems and half reported experiencing increased stress and anxiety.
The TVA has offered buyouts to many of the victims of the coal ash spill, “but it is unclear whether residents, in their desperation to leave the hazardous conditions, are getting fair deals,” Jones says. “Our firm is working on behalf of individuals and a class of clients. Through these cases, we are working to 1) Bring about a complete cleanup of the area; 2) Ensure that our clients are fully compensated for the damage to their property (including their property values); and, 3) Obtain long-term medical monitoring relief for area residents who have been exposed to the dangerous contaminants in TVA’s coal ash sludge. “