“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

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

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

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