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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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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More than half of the toxic coal ash spilled on to an east Tennessee community can be stored in a landfill in Perry County, Alabama, according to the Environmental Protection Agency (EPA). The Tennessee Valley Authority (TVA) will begin immediately shipping the coal ash by rail.

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