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

Plaintiffs in three class action lawsuits have joined forces to fight the Tennessee Valley Authority (TVA) and two of its consultants for compensation to cover unspecified damages and payment for medical monitoring as a result of the December 2008 coal ash spill from the TVA’s Kingston Fossil Plant in east Tennessee. The amended complaint redefines the class of potential plaintiffs, which includes anyone who owns property in the Swan Pond community around the plant north of the Clinch River, anyone who lived in the same area when the spill occurred, and anyone who owns property on Watts Bar Lake from the mouth of the Emory River to Watts Bar Dam. Attorneys say the classification could add hundreds more plaintiffs to the lawsuit.

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“Are the people of Perry County, Ala., less valuable than the people in Kingston, Tenn.?” asks Hurricane Creekkeeper John Wathen. The activist sent a complaint letter to Environmental Protection Agency (EPA) administrator Lisa Jackson this week in an effort to stop shipments of coal ash recovered from the east Tennessee spill site to a poor, black community in Alabama. Residents near the Uniontown, Ala., landfill say the coal ash is stinking up their town. And they, too, worry that the same toxic sludge that poured down on the community of Kingston causing serious damage and threatening human health, may create problems for them as well.

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The cleanup effort in east Tennessee following the December 2008 spill of coal ash from a Tennessee Valley Authority (TVA) impoundment pond is costing more than the utility had expected, but so far the results look promising, says director of the TVA’s cleanup effort, Steve McCracken.

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A group of Illinois lawmakers are asking the White House not to classify coal ash as a hazardous material because doing so would cripple their state’s economy. In a letter to the Office of Management and Budget, the bipartisan group of congressmen expressed concerns that reclassifying the byproduct from coal-firing plants would raise the cost of energy for Illinois consumers. It would also hamper local utilities’ ability to recycle the coal ash in products like cement, concrete and other building materials, a process that the group says generates thousands of jobs in Illinois.

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It was bad enough when the coal ash impoundment pond at the Tennessee Valley Authority (TVA) Kingston, Tenn., plant holding more than a billion gallons of toxic sludge ruptured, sending a wave of coal ash onto a neighboring community and into nearly waterways. Cleaning it up hasn’t been a walk on the beach. One challenge was locating a landfill that would accept the recovered coal ash. The newest issue is finding a company willing to treat the wastewater from that landfill.

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The residents of Perry County, Ala., were just gearing up to file a lawsuit against Arrowhead Landfill. The landfill had entered into an agreement with the Tennessee Valley Authority (TVA) to accept coal ash recovered from the east Tennessee spill site, generating millions of dollars and a handful of jobs for the very poor, predominantly black community. But residents argued that the benefits came at too high a price. Coal ash is toxic, containing arsenic and carcinogens that have been linked to serious health problems. To make matters worse, the constant trainload deliveries of coal ash to the landfill were literally stinking up the town.

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If the Environmental Protection Agency (EPA) rules that coal ash waste from utility plants should be classified as a hazardous material, the ripple effect could hit Tennessee Valley Authority (TVA) customers right in the wallet.

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The Tennessee Valley Authority (TVA) is hosting a symposium March 11-12 on fly ash research as part of its response to last year’s catastrophic spill at its Kingston Fossil Plant. The event will be coordinated by Oak Ridge Associated Universities (ORAU) and held at Roane State Community College in Harriman. Registration is $50.

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Ms. Ruby’s smile is infectious, but it is tinged with concern. At 80, she has lived in Perry County, Ala., all her life. But what has happened there these past few months has made her fear for her health.

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We’ve all been told that eating fruits and vegetables can make us healthier. But some crops could make us sick. It’s the fertilizer that’s to blame. Farmers are being encouraged by the U.S. government to dust their fields with waste from coal-firing facilities. It’s a win-win situation, says the government. Coal ash helps loosen and fertilize soil for the farmers, and it helps reduce a waste disposal issue for the coal-firing plants.

That coal ash is a synthetic form of the mineral gypsum, produced by power plant “scrubbers” that remove sulfur dioxide from the smoke stack emissions. The chalky substance also contains mercury, arsenic, lead and other heavy metals that have been linked to serious health problems, like cancer, liver damage and neurological complications.

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