Beasley, Allen, Crow, Methvin, Portis & Miles, P.C.

At 80, Ruby Holmes doesn’t have much fight left in her. So she sits in her home and deals with the deck she’s been given. In her community, which used to be in a place she called a “quiet, beautiful place … nothing but fresh air,” she can no longer open the windows. “That stuff, whatever it is over there, wakes me up, it smells so bad,” she told the Birmingham News. Holmes lives not far from the Arrowhead Landfill in Perry County, Ala., the same landfill that is taking in millions of tons of coal ash recovered from east Tennessee, where more than a billion gallons of the toxic material spilled from a neighboring coal ash impoundment pond.

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Top executives at the Tennessee Valley Authority (TVA) have been told not to expect their hefty performance bonuses this year because of lagging electricity sales from a weak economy and the massive coal ash spill that has drained the utility of more than a $1 billion. The utility’s CEO banked more than $1 million in bonuses for fiscal year 2008, and the nine executives who answer to him took home a combined $1.2 million. Those executives and some 3,300 other managers and specialists at the TVA were also told not to expect any raises for fiscal year 2010 unless they are promoted within the company.

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Tina Nicholson walks down her driveway in Cumberland County, Tenn., every afternoon to meet her kids as they get off the school bus. They often detour down the winding Smith Mountain Road to look at wild growing herbs and enjoy the fresh air. The road is so narrow that when cars pass by, the Nicholson family has to step into a ditch that runs parallel to the road to make room. “Two regular cars cannot pass each other on this road as it is,” she says.

But if Crossville Coal Company and Smith Mountain Solutions have their way and are allowed to reclaim a surface mine on top of Smith Mountain to store coal ash recovered from the east Tennessee site of a massive coal ash spill, the narrow roadway where the Nicholsons walk will become even more treacherous with heavy trucks carrying tons of coal ash.

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The Tennessee Valley Authority (TVA) is putting smokestack scrubbers at its Kingston, Tenn., plant, which will clean a greenhouse gas that comes out of its smokestacks and into the air. But in order to do so, the nation’s largest utility will also have to create a new landfill to store the material left behind.

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Rules regarding the storage of coal ash are expected to come from the Environmental Protection Agency (EPA) before the end of the year, but how the agency plans to categorize coal ash ponds has many environmentalists seeing red. According to a General Accountability Office document listing options currently being discussed, the EPA is considering designating wet coal ash as a hazardous material, but leaving the dry coal ash, or fly ash, categorized as non-hazardous if it is stored in a dry landfill.

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Concerned citizens and environmental activists are opposing plans to expand a coal ash pond along the Ohio River in northern Kentucky because they say if the pond ruptures, it could contaminate drinking water. The proposal from LG&E would build 100-foot-tall walls around an existing coal ash pond, giving it more capacity than the coal ash impoundment at the Tennessee Valley Authority (TVA) Kingston, Tenn., plant, which failed last year and dumped more than a billion gallons of toxic waste on to a neighboring community.

That spill, called one of the largest environmental disasters in U.S. history, knocked houses off their foundations, damaged property and contaminated waterways. The TVA is currently undergoing an estimated three-year, $1.2 billion cleanup effort to restore the land.

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Coal ash produced and stored by fossil fuel plants kills fish and other wildlife, damages their reproductive capacity, and contaminates wells, according to a report released this week by the Environmental Protection Agency (EPA). The 230-page report culminates months of research triggered by last year’s massive coal ash spill from the Tennessee Valley Authority’s Kingston, Tenn., plant. That spill dumped more than a billion gallons of toxic material onto a neighboring community where it knocked houses from their foundations, damaged property and contaminated nearby waterways.

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Residents of Kingston, Tenn., are tired of the bad rap their rural community has gotten since a neighboring coal ash impoundment pond breached, sending a wave of toxic material on to its property and waterways. That spill, called the worst environmental disaster in U.S. history, destroyed homes, damaged property, and contaminated popular waterways.

The last thing residents want is for the public to view that mess at will, even while the Tennessee Valley Authority (TVA) undergoes a years-long, $1.2 billion cleanup of the mess it made. Those residents this week applauded a decision made by the TVA to keep an overlook area closed to the general public. Instead, the area will remain behind a locked gate and only be used for scheduled tours, visits by members of Congress and their staffs, other public officials, and the media.

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