The fine comes on the heels of a long-awaited proposal by the U.S. Environmental Protection Agency (EPA) to establish guidelines for the storage of toxic coal ash. Incredibly, there is no current government regulation of coal ash, despite the fact it contains dangerous heavy metals and carcinogens that can be hazardous to humans and wildlife.

“It is absolutely incredible that there is no real oversight for the storage and safe disposal of this toxic waste,” said Beasley Allen attorney Rhon Jones, head of the firm’s Environmental Law section. “Most of these retention ponds are not lined or reinforced, and it’s inevitable that potentially hazardous material will leak out. They just are not a long-term solution. It’s only a matter of time before the next disaster. These facilities are everywhere – Alabama, Tennessee. Communities are living under a cloud, uncertain of their safety.”

On May 4, the EPA proposed two different ideas to regulate coal ash storage under the Resource Conservation and Recovery Act. The first would regulate coal ash as a “special waste” and would require the phasing out of wet storage at impoundment plants. The Kingston disaster occurred at a wet-storage facility, when the containment wall failed. Under this proposal, the wet waste would be moved to landfills. The second proposal would allow for on-site storage of coal ash, but containment ponds would be required to be lined to prevent any toxic materials from seeping into groundwater.

The EPA announcement comes after years of debate about the safety of coal ash storage and disposal, and it may still take as long as two years for any guideline or ruling to take effect.

TVA spokesman David Brouff issued a statement saying the company will not challenge the state fine, and that it was expected. He estimates that 60 percent of the spill has been removed, but that the total clean-up operation could take another three to four years.

SOURCE: Coal Ash Spill › TVA hit with $11.5 million fine as a result of Tennessee coal ash spill

“This new filing should move the case forward more quickly and efficiently,” said Beasley Allen attorney Rhon Jones. “It should also allow the claims of those seeking class action status to speak with one unified voice.”

The lawsuit alleges that the TVA and two if its engineering consultants, Geosyntec Consultants Inc., and WorleyParsons Corp., trespassed on plaintiffs’ property; was negligent in designing, building and operating the Kingston Fossil Plant ash impoundment; violated federal and state environmental regulations; and committed other civil violations resulting from the spill.

The TVA coal ash spill dumped more than a billion gallons of toxic sludge on to a neighboring community and into nearby waterways. Piled as high as nine feet in some areas, the coal ash knocked houses off their foundations, damaged property and contaminated the Emory River. Coal ash contains arsenic and other carcinogens that environmentalists fear may have serious effects on humans and wildlife in the area. Numerous residents were displaced, and several have reported emotional and physical problems since the spill. Some residents, including a toddler, have tested positive for heavy metals in their bloodstream.

SOURCE: Coal Ash Spill › New class action lawsuit filed against TVA, consultants

But before the citizens of Perry County could file their lawsuit, the owners of Arrowhead Landfill filed for bankruptcy, a move that stops the residents’ planned lawsuit in its tracks. No new litigation can be brought against entities in bankruptcy proceedings.

Perry-Uniontown Ventures I LLC (PUV), also known as Perry County Associates, the company that owns the landfill, filed the documents last week in Mobile. PUV claims it owes $3.9 million to Phillips & Jordan Inc., (P&J) $779,837 to the Perry County Commission, and $11,000 to the Alabama Department of Revenue. PUV claims P&J and Phill-Con Services have withheld money paid by the TVA.

An attorney for the residents says that while the planned litigation cannot go forward until the bankruptcy matter is cleared up, other options are being examined.

Beasley Allen attorney Rhon Jones, who represents residents of east Tennessee who have lost property in the TVA coal ash spill, told the Selma Times Journal that he is uncertain whether the landfill’s bankruptcy would have any effect on his clients’ cases.

SOURCE: Coal Ash Spill › Lawsuit to halt coal ash dumping held up by landfill’s bankruptcy

This week, TVA attorneys and attorneys representing the hundreds of plaintiffs gathered before U.S. Magistrate Bruce Guyton to work out details of the discovery process. TVA attorneys said they hoped to avoid duplicate discovery in the 50 new cases filed since August, and asked the court to give the new cases the same orders about disclosing evidence and document preservation that have already been applied to earlier lawsuits. Otherwise, deposing all the plaintiffs could take a year.

Plaintiffs’ attorneys said that the claims should be resolved quickly and that most clients would likely opt to settle and avoid a long pretrial process. “If that happens – and I encourage it – let me know,” Guyton told attorneys for both sides.

The TVA has asked in earlier court filings for the cases to be dismissed, citing a Department of Justice’s position that protects federal agencies from civil penalties in suits brought by citizen groups under some federal environmental statues. A ruling on that request has yet to be made.

Sources:
Knox News
WRAL

SOURCE: Coal Ash Spill › TVA, plaintiffs’ attorneys meet in court to discuss speedy resolution

Last December, the lives of the residents of Kingston, Tenn., were changed forever when a coal ash impoundment pond breached, dumping 1.1 billion gallons of toxic material on to 300 acres of rural community. The sludge, piled as high as nine feet in some areas, toppled houses, damaged property, and contaminated nearby waterways. Homeowners were displaced, businesses were compromised, locals began suffering from respiratory problems and were testing positive for heavy metals in their blood.

Suddenly, the country took notice. Environmentalists argued that what had been dubbed as one of the largest environmental disasters of its kind in U.S. history could have been avoided had the federal government been regulating the storage of coal ash. Instead, those regulations were left up to local governments and facility owners, who wallowed in denial instead of dealing with the warning signs of possible storage pond failures.

Recent tests on coal ash show that the sludge contains dangerous toxins that have been linked to serious health concerns such as cancer, liver damage and neurological complications. Yet, the material was never classified as a hazardous material, and thus never fell under federal regulations.

Since the coal ash spill last year, the Environmental Protection Agency has been inspecting coal storage sites throughout the country and offering recommendations. But where does that leave American citizens who live close to coal ash impoundment ponds, including residents who live in Perry County, which is now taking in coal ash recovered from the east Tennessee spill site?

Turner calls it a “godsend.” By storing the recovered coal ash, Perry County will reap millions of dollars in storage fees and about 50 new jobs have been created at the local landfill. A group of residents from Perry County beg to disagree. They have filed suit against the Alabama Department of Environmental Management (ADEM) saying the EPA should not allow the landfill to receive any more coal ash because there are no set standards for the safe disposal of ash and the prevention of it leaching into waterways, and because gasses from the lagoons are causing respiratory problems for area residents.

The attorney representing the residents says his clients are ready to file a lawsuit against the owners of the landfill as well.

Sources:
The Birmingham News
Selma Times-Journal

SOURCE: Coal Ash Spill › Perry County residents file lawsuit against ADEM

One year ago this month, a coal ash pond at the TVA’s Kingston, Tennessee, coal-burning plant breached, sending a wave of toxic material onto 300 acres of neighboring property. Piled as much as nine feet high in some areas, the wave of coal ash toppled houses, destroyed property and poured into the nearby Emory River. No one was killed when the wave tumbled in, but the lives of many residents were changed forever by the event some environmentalists call the largest environmental disaster in U.S. history.

The coal ash displaced several residents, but damaged homes and property are just one of the concerns residents have. Coal ash contains dangerous toxins such as arsenic, lead, chromium, manganese and barium, which have been found to cause serious health complications in humans, such as cancer, liver damage and neurological complications. Several residents in the area have reported heightened anxiety following the spill. Some have reported breathing problems. A few, including a toddler, have tested positive for heavy metals in their bloodstream. Many of those residents are now asking the TVA to pay up.

According to the Knoxville News Sentinel, attorneys for 11 plaintiffs filed six lawsuits in U.S. District Court in Knoxville against the TVA between Nov. 16 and Nov. 23, bringing the total to 14. More lawsuits are expected.

Meanwhile, the TVA is undergoing what is expected to be a three-year, $1 billion cleanup process to restore the land. But whether the land can be completely restored remains unclear.

SOURCE: Coal Ash Spill › More coal ash lawsuits filed against TVA

Several years ago coal ash from power plants was given a non-hazardous rating. Since then, technology has improved the quality of the smoke released into the air from coal-firing plants. The toxins that used to escape into the air are now kept in the ash left behind. Tests have shown that coal ash contains dangerous toxins such as arsenic, lead, chromium, manganese and barium, which have been linked to serious health conditions such as cancer, liver damage and neurological complications.

Environmentalists have tried over the years to have coal ash reclassified as a hazardous material, but little was done to push that effort until last year when a coal impoundment pond in east Tennessee breached, sending a massive wave of coal ash on to a neighboring community. The 1.1 billion gallons that spilled out toppled houses, destroyed property and contaminated the nearby Emory River. Several residents were displaced, but it is the health risk that concerns many of the people affected by the spill. Some have reported respiratory problems and heightened anxiety. Others, including a young child, have tested positive for heavy metal in their bloodstream.

Environmentalists and activists are urging the EPA to carefully consider how it will categorize both wet and dry coal ash impoundments. “Both pose a threat to human health and the environment so it doesn’t make sense to create that dichotomy (between wet and dry ash storage regulation),” said Lisa Evans, an attorney with Earthjustice, in an interview with the Tennessean.“We would not think that would be a protective scheme, with the many cases where dry disposal has caused contamination of groundwater and surface water.”

SOURCE: Coal Ash Spill › EPA considers hazardous material classification of coal ash

The order overrides a district judge’s 2005 ruling, which dismissed the cases, saying the lower court was wrong to throw out the complaints against the utilities. The utilities had claimed that if the court ordered a reduction in emissions, the move would interfere with the President’s efforts to persuade other nations to reduce their emissions. U.S. District Judge Loretta Preska dismissed the cases on the grounds that reducing carbon dioxide emissions was a matter to be dealt with by Congress, not the court system.

The utilities involved include the TVA, American Electric Power, Southern Co., Xcel Energy and Cinergy, now owned by Duke Energy. Plaintiffs in the lawsuits include New York, Connecticut, California, Iowa, New Jersey, Rhode Island, Vermont, Wisconsin, New York City and land trusts Open Space Institute, Open Space Conservancy and the Audubon Society of New Hampshire.

“This is a game-changing decision for New York and other states, reaffirming our right to take direct action against global warming pollution from power plants,” said New York Attorney General Andrew Cuomo. “Today’s decision allows us to press this crucial case forward and address the dangers posed by these coal-burning power plants. My office will continue to be a leader in the fight to tackle the risks global warming poses to our environment, public health and economy.”

SOURCE: Coal Ash Spill › TVA facing lawsuit that seeks to enforce emission reduction

The coal ash wave that poured down on an east Tennessee community in late December of 2008 piled as high as nine feet in some areas. It knocked houses from their foundations, destroyed land, and contaminated waterways.

In the months since the spill, the TVA has taken on a long and pricey cleanup, estimated to take up to three years and cost the TVA nearly $1 billion.  The utility has also spent another $20 million to purchase property from victims. Last week it announced it will shell out another $43 million to Roane County, Tenn., to help clean the town’s image, which was tarnished from the spill, through civic upgrades and a public relations campaign.

But the financial woes as a result of the spill don’t stop there for the TVA. The utility could be forced to pay out millions more from lawsuits by those who suffered from the spill. One lawsuit, filed by a developer of new homes on Watts Bar Lake, is asking for $17 million. The utility is hoping to dodge those mounting lawsuits. Last April, it made a request to the Federal District court in Knoxville to dismiss all tort claims filed against it related to the coal ash spill.

There is no word yet on when the court will make a decision on whether to grant the TVA immunity from those lawsuits. But one thing is clear, leaving the victims high and dry is simply unfair. “It is a slap in the face of the people who have suffered for … months,” says a plaintiff’s attorney in response to the TVA filing last spring. “Clearly, TVA has delayed taking responsibility with respect to the many residents and how they’ve suffered.”

SOURCE: Coal Ash Spill › TVA hopes to dodge lawsuits filed by coal ash spill victims

The coal ash originates from the Tennessee Valley Authority (TVA) plant in Kingston, Tenn. Last December, more than a billion gallons of sludge from a breached impoundment pond poured down on to a neighboring community. The toxic wave knocked houses from their foundations, destroyed property, and contaminated nearby waterways when it spilled into the Emory River and traveled downstream.

In the months since, property values plummeted and residents have reported respiratory problems and heightened anxiety. Some people, including a toddler, have tested positive for heavy metals in their bloodstream. Coal ash is toxic, containing arsenic, lead, chromium, manganese and barium, which have been linked to serious health concerns including cancer, liver damage and neurological complications.

For months, the TVA has been undergoing a huge cleanup effort that is estimated to cost as much as $1 billion before it is complete. The cleanup effort includes shipping recovered coal ash from the spill site and storing it in distant landfills, including Arrowhead Landfill in Perry County.

Source: WSFA-TV

SOURCE: Coal Ash Spill › Perry County residents still upset about recovered coal ash storage

One local resident, Roane County attorney Tom McFarland, was so concerned about his children swimming in the water there that he filed for and received a temporary restraining order against his ex-wife ordering her not to take their children swimming in the Emory River near the spill site.

“Like any parent who protects his children, I’ll do what I have to do to protect my children,” he said. “I consulted with the children’s pediatrician who says the children should not be swimming in it.”

The restraining order was sought after McFarland says his ex-wife took their two young children for a day on the river not far from where more than a billion gallons of toxic coal ash spilled. Coal ash has been found to contain dangerous toxins such as arsenic, lead, chromium, manganese and barium, which have been linked to serious health problems from cancer to liver damage.

Currently, recreational advisories have been issued for parts of the Emory River by both the Tennessee Department of Environment and Conservation and the Environmental Protection Agency.

Source: WVLT-TV

SOURCE: Coal Ash Spill › Father’s restraining order to keep kids from swimming in contaminated river

The EPA is expected to prepare a public report for each unit assessed, with the goal of completing all assessments by the end of the year.

The inspections are in response to concerns raised by residents, lawmakers and environmental groups following the December 22, 2008, coal ash spill at the Tennessee Valley Authority (TVA) Kingston, Tennessee plant, which dumped 1.1 billion gallons of toxic material on to 300 acres of an east Tennessee community and into the neighboring Emory River. Coal ash can contain dangerous toxins such as arsenic, lead, chromium, manganese and barium, which have been linked to serious health problems such as cancer, liver damage and neurological complications.

More than 125 million tons of coal ash combustion waste is produced by power plants in the United States, most of which ends up in dry landfills or in above-ground coal slurry ponds. That material was classified by the EPA in 2000 as non-hazardous and thus was exempt from government regulations. However, since 2000, improved pollution controls have kept toxins from leaving smokestacks and thus have increased the amount of toxins in coal ash, says Rhon Jones, Toxic Torts Section Head with Beasley Allen law firm.

“Hopefully, these actions by EPA and Congress will either increase safety near these facilities, require alternative methods of disposal, or both,” says Jones.

SOURCE: Coal Ash Spill › EPA to begin inspection of coal ash storage areas

Both the House and the Senate approved the legislation, however the House rewrote the language, requiring the bill to pass back through the Senate for final approval. The bill will not allow laying liners on existing facilities and placing more coal ash on top.

The bill is just one effort by lawmakers to make coal-burning facilities like that in Kingston safer. Last December’s coal ash pond breach dumped more than a billion gallons of coal ash sending a wave as high as 9 feet on to nearby homes and property. Houses were knocked off their foundations, property was damaged, and several residents in the area had little choice but to flee.

Preventing another environmental disaster like the TVA coal ash spill has been on the forefront with legislators, environments and residents alike raising questions about the hundreds of U.S. power plants that produce more than 125 million tons of coal combustion waste each year. Coal ash is currently listed by the Environmental Protection Agency (EPA) as non-hazardous and thus does not fall under strict governmental regulations, says Rhon Jones, Toxic Torts Section Head with Beasley Allen law firm.

As a result of the Kingston coal ash spill, the EPA committed to propose new regulations governing coal combustion waste by the end of 2009. The EPA also committed to act immediately to prevent more spills in the future.

“Hopefully, these actions by EPA and Congress will either increase safety near these facilities, require alternative methods of disposal, or both,” Jones adds.

SOURCE: Coal Ash Spill › Lawmakers, EPA search for methods to prevent future coal ash spills

The utility claims its responsibility is to clean up the spill. It also says it has a financial responsibility to its 9 million customers.

To date, the TVA has spent more than $68 million to clean up the area. The utility estimates it will spend between $525 million and $825 million before the effort is complete. That total doesn’t take into consideration the money the utility will shell out for related fines and damages from lawsuits.

The TVA has purchased more than 70 properties at a cost of about $20 million, and is considering more offers from homeowners. The TVA already has turned down several more offers.

In a statement released by the TVA, the utility said it “is making meaningful progress to restore conditions near the Kingston site. We are working as quickly and safely as possible to do this while maintaining public health and safety.”

A plaintiff’s attorney responded to the statement by saying the TVA’s claim “is a slap in the face of people who have suffered for four months. … Clearly, TVA has delayed taking responsibility with respect to the many residents and how they’ve suffered.”

SOURCE: Coal Ash Spill › TVA asks federal judge to dismiss lawsuits

However, the method for the regulation of coal ash has come under scrutiny after a Tennessee Valley Authority (TVA) impoundment pond failed last December and dumped more than a billion gallons of coal ash sludge over 300 acres of an east Tennessee community, destroying homes and damaging property in its wake. Both residents and environmentalists began asking questions about the toxic material that had poured into the neighboring Emory River and heaped as much as nine feet high in some areas.

Since 2000, improved pollution controls have kept toxins from leaving smokestacks and thus have increased the amount of toxins in coal ash, says Rhon Jones, Toxic Torts Section Head with Beasley Allen law firm. The material may contain 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 in the area already have complained of respiratory problems and half reported experiencing increased stress and anxiety. “In addition, EPA has improved testing which reveals toxins are leaching into groundwater more than originally thought,” Jones adds.

To date, EPA has found groundwater contaminated with heavy metals from coal ash dumps at 63 sites. An independent report asserts that nearly 100 coal ash dumps across the United States pose similar or even greater potential dangers than the TVA Kingston plant, Jones says.

“On March 9, 2009, EPA sent a survey to the 163 utilities that manage approximately 300 coal ash ponds in the U.S. The survey calls for plant operators to provide information about coal ash pond design, engineering, and inspections and to list any spills or unauthorized releases within the last decade. While a step in the right direction, EPA’s survey does not ask for information on whether the coal ash ponds are lined, whether the ponds have water collection systems to catch toxins leached from the ash, or whether groundwater monitors are in place near the ponds,” Jones says.

After survey results are reviewed, EPA plans to follow up with on-site visits and order improvements where the ponds are found to be unsafe.

In response to the December 22, 2008 coal ash spill in Kingston, Tennessee, the EPA committed to propose new regulations governing coal combustion waste by the end of 2009. The EPA also committed to act immediately to prevent accidents such as the TVA spill in Kingston.

“The Kingston, Tennessee, spill and others like it show the need for strict standards on how this waste is disposed. In addition to EPA’s renewed interest in regulating coal ash disposal, the U.S. Congress is looking into the spill,” Jones says. “Hopefully, these actions by EPA and Congress will either increase safety near these facilities, require alternative methods of disposal, or both.”

SOURCE: Coal Ash Spill › Coal combustion sites need government regulations

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. “

SOURCE: Coal Ash Spill › Coal ash victims may not get the compensation they deserve

Yet, an October 2008 inspection deemed the Kingston Fossil Plant structurally sound. And life went on as normal for the residents of Kingston. Until December 22, 2008, when the walls of the impoundment pond broke down and poured 1.1 billion gallons of toxic material on to 300 acres of property and into the Emory River.

“The coal ash spill has both immediate and long-term impacts for Kingston residents whose land and homes have been affected by the spill,” says Rhon Jones, Toxic Torts Section Head with Beasley Allen Law Firm. As the sludge poured out from the impoundment pond as high as nine feet tall in some areas, it destroyed multiple homes and knocked some completely off their foundations. Several homes were left uninhabitable. “Aside from the immediate impacts of losing one’s home and use of property, other impacts include diminished property values and increased health risks,” Jones says.

The toxins found in coal ash include arsenic, lead, chromium, manganese, and barium. According to news reports, potential health problems associated with these toxic substances include cancer, liver damage and neurological complications, among other health problems.

While cleanup efforts are underway, there is little to stop the dust particles that fly into the air as the sludge dries, which is likely to aggravate the problem, Jones adds.

“In a recent public meeting with Kingston residents, health officials warned that the dust associated with the spill will pose an increasing challenge as the slurry dries and spring winds arrive,” he says. The fine particulate matter also is linked to respiratory illness. “There are reports of residents complaining of increased illness already,” Jones says. “A recent survey by the Tennessee Department of Health found that one-third of residents living near the spill reported breathing problems and one-half reported increased stress and anxiety.”

Those dust particles may also pose a threat to individuals living farther away from the spill site. “From diminished property value to loss of recreational opportunities, residents throughout the Kingston area are affected by the spill regardless of whether their property suffered directly,” Jones says. “Property values may be diminished due to the proximity of the spill. Dust particles may blow into surrounding areas as the sludge dries. Clean-up activities will be disruptive to the area, because the enormous task of cleaning up the spill is similar to a massive construction project. Dredging of the Emory River began in March, and crews are working 20 hours a day. The clean-up involves trucking the dredged sludge to a yet determined location, and the truck traffic not only will be noisy but also has the potential to spread dust along the travel route.”

Recreational opportunities may be lost due to the dredging activities, because fishing, swimming, and other recreation near the site are no longer appealing, he adds. “The impact of the spill will be long-lasting and the entire community will be affected either directly or indirectly.”

SOURCE: Coal Ash Spill › Coal ash disaster affects those not directly affected by spill

The TVA had asked for more time to carry out those orders, requesting one more year – to 2012 – to install smokestack scrubbers at its John Sevier plant in Rogersville, Tennessee, and two more years – to 2014 – to carry out other pollution controls. U.S. District Judge Lacy Thornburg denied the TVA’s request, saying North Carolina’s experts offered a more compelling argument than the TVA.

The order came within a month of another pricey situation for the utility. On December 22nd, a coal ash impoundment pond at the TVA’s Kingston, Tennessee plant spilled over, dumping 1.1 billion gallons on to 300 acres of an east Tennessee community. The utility is currently undergoing a huge cleanup operation which is expected to cost the TVA between $525 million and $825 million.

The TVA has not yet decided whether it will appeal the entire ruling. “This is a fiscal problem for us,” said TVA Chairman Bill Sansom. “Can we fiscally do what the court tells us to do?”

The lawsuit was originally filed in January 2006 by North Carolina Attorney General Roy Cooper, arguing that the TVA needed to take stronger measures to reduce the emissions of sulfur dioxide, nitrogen oxides and mercury that were drifting east and polluting the air in the North Carolina mountains.

SOURCE: Coal Ash Spill › Judge denies TVA’s request for more time to carry out pollution controls

Montgomery, Ala. – Beasley, Allen, Crow, Methvin, Portis & Miles, P.C., has filed a class action suit on behalf of property owners damaged by the Dec. 22, 2008 Tennessee Valley Authority (TVA) spill at the Kingston Fossil Plant. Located 40 miles west of Knoxville, Tenn., the plant released 1.1 billion gallons of toxin-laden sludge into a rural neighborhood when a waste storage pond retaining wall failed. The suit is filed against the TVA, the nation’s largest public utility, over potentially the most significant environmental disaster since the Exxon Valdez oil spill.

Beasley Allen will be working with attorneys Gary Davis and Mary Parker in Tennessee, both of whom have Environmental experience. Beasley Allen has its own Environmental department to handle cases such as this disaster. The firm has handled previous environmental claims including a $700 million settlement with Monsanto/Solutia in Anniston, Ala., over PCB contamination, the largest environmental settlement in American history. More recently, Beasley Allen obtained a $20.7 million verdict against manufacturers of carbon black for nearby property owners, a verdict that was upheld by the United States Supreme Court.

Coal-fired power plants produce coal ash and other toxic waste byproducts. The material is usually stored on site in retention ponds or dams. A failure in the retaining wall, or an overflow, can result in an environmental disaster contaminating surrounding waterways, soil, and wildlife, and endangering human health and life.

There is ongoing debate about how coal ash is stored and regulated. Currently, the U.S. Environmental Protection Agency does not regulate these types of retention ponds or the materials contained in them. Surprisingly, the EPA does not consider the coal ash hazardous material. There is a great deal of debate over whether state regulations are sufficient to regulate these retention ponds, as evidenced by this most recent disaster.

“It is absolutely incredible that there is no real oversight for the storage and safe disposal of this toxic waste,” said Beasley Allen attorney Rhon Jones, who specializes in Environmental issues. “Most of these retention ponds are not lined or reinforced, and it’s inevitable that potentially hazardous material will leak out. They just are not a long-term solution. It’s only a matter of time before the next disaster. These facilities are everywhere – Alabama, Tennessee. Communities are living under a cloud, uncertain of their safety.”

There is a U.S. Senate hearing set for Jan. 8 to review the Tennessee disaster that will include representatives from the TVA and environmental groups. Beasley Allen attorneys have contacted Congressional leaders offering to speak at the hearings, and lawyers from the Beasley Allen team will be present in Washington.

SOURCE: Beasley Allen Law Firm

COMPLAINT:Official class action complaint filed in TVA case

SOURCE: Coal Ash Spill › Beasley Allen files coal ash spill class action lawsuit on behalf of residents and property owners affected

The EIP released the report, titled “Disaster in Waiting: Toxic Coal Ash Disposal in Impoundments at Power Plants” yesterday. The report says U.S. Environmental Protection Agency data shows power plants are disposing of high volumes of toxic metals in open lagoons.

There is a lot of attention on this issue now, following a December 22, 2008 disaster when the retaining wall at a coal-fired electric plant in Kingston, Tennessee, failed, dumping more than 1 billion gallons of toxic coal ash and other waste over 300 acres in East Tennessee. The event is being called the worst environmental disaster since the Exxon Valdez oil spill.

But the Tennessee disaster is just the tip of the iceberg. In addition to its official report, which listed Birmingham-area facilities Gaston Steam Plant in Shelby County and Gorgas Steam Plant in Walker County at No. 2 and 3, the EIP issued a press release stating that other toxic coal pollution dumps around the United States pose a greater potential danger than the Tennessee coal ash spill disaster site.

According to the release, at least 13 states have three or more under-regulated “wet dumps” on the “Worst Of” list for toxic chemicals. One coal pollution dump in Orlando, Fla., is reported to have TEN TIMES more arsenic than the Tennesee disaster site.

The release says the Tennessee facility was found on five of the six toxic chemical lists for the 50 worst coal-fired power plant pollution “wet dumps.”

EIP evaluations were based on industry-reported data collected by the EPA Toxic Reporting Inventory (TRI) data system for 2000-2006. EIP looked at the presence of arsenic, chromium, lead, nickel, selenium and thallium in the waste at Tennessee-style pollution dumping sites across the nation.

Eric Schaeffer, director of the Environmental Integrity Project, says, “The Tennessee eco-disaster has cast a spotlight on what is a very serious national problem – the existence of under-regulated toxic pollution coal dump sites near coal-fired pwoer plants that pose a serious threat to drinking water supplies, rivers and streams.” He said the Tennessee disaster is a warning sign of more trouble to come.

The EIP is a nonpartisan, nonprofit organization established in March 2002 by former EPA enforcement attorneys to advocate for more effective enforcement of environmental laws. Read the full news release and official report:

EIP News Release

EIP Report: Disaster in Waiting

SOURCE: Coal Ash Spill › Ash ponds at two Birmingham coal facilities top list for arsenic

MONTGOMERY, ALA. – Beasley, Allen, Crow, Methvin, Portis & Miles, P.C., is currently evaluating claims on behalf of property owners affected by a devastating coal ash spill in Tennessee. The disaster spilled thousands of pounds of coal ash and toxic waste across more than 300 acres. The event occurred when an earthen retaining wall at the Kingston Fossil Plant failed, creating one of the largest coal fly ash spills in the United States. The plant is located 40 miles west of Knoxville, Tenn.

Coal-fired power plants produce coal ash and other toxic waste byproducts. The waste contains such heavy metals as arsenic, lead, barium, chromium and manganese, which have been shown to cause cancer, liver damage, and neurological complications. The material is usually stored on site at the energy-production facilities in retention ponds or dams. A failure in the dam’s retaining wall, or an overflow, can result in an environmental disaster contaminating surrounding waterways, soil, and wildlife, and endangering human health and life.

There are coal ash retention ponds at nine locations in Alabama, including six coal-fired steam plants operated by Alabama Power Company. The Tennessee Valley Authority (T.V.A.), which operates the Tennessee plant that failed, also has two coal-fired plants in north Alabama that have ash retention ponds; and PowerSouth Energy Cooperative has a coal ash pond at Lowman Power Plant in southwest Alabama.

“Given that the Tennessee Valley Authority has similar ponds at its two coal-fired plants in Alabama, we hope that they are making certain that those ponds are sound so that we will not have another tragedy like the one at TVA’s Kingston Steam Plant,” said Rhon Jones, an attorney with Beasley Allen who specializes in Environmental law. “Residents and property owners near all nine coal ash retention ponds in Alabama are counting on these ponds to be safe and secure. No property owner should have to go through the disaster facing those persons in Tennessee near the Kingston Steam Plant.”

According to Alabama’s Department of Environmental Management, all nine coal-fired power plants in Alabama were inspected following the Tennessee disaster, and all passed inspection with no problems. However, there is some debate about how coal ash is stored and regulated. The U.S. Environmental Protection Agency does not regulate these types of retention ponds or the materials contained in them. Surprisingly, the EPA does not consider the coal ash hazardous material. There is a great deal of debate over whether state regulations are sufficient to regulate these retention ponds, as evidenced by this most recent disaster. For the greatest protection to the public, we recommend coal ash should be buried in lined landfills rather than retention ponds or dams, to prevent it from leaking out and contaminating waterways, groundwater and soil.

SOURCE: Beasley Allen Press Release

SOURCE: Coal Ash Spill › Beasley Allen evaluating claims resulting from Tennessee coal-ash spill disaster, eyeing safety of Alabama plants