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

“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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