“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

Perry County is populated by predominantly blacks and is one of the poorest counties in the state where more than 30 percent of families live in poverty. Residents there will benefit from the plan, gaining about 50 jobs and earning millions off dumping fees. However, opponents say the plan is unjust.

More than a billion gallons of coal ash poured on Kingston, Tennessee, last December after a TVA coal ash impoundment breached. The massive wave of coal ash toppled houses, destroyed property and contaminated nearby waterways.

Coal ash contains dangerous toxins that have been associated with serious health concerns such as cancer and liver damage. Those living in and around Kingston, Tennessee, where the coal ash spilled, have reported more respiratory problems and heightened anxiety. Some, including a toddler, have already tested positive for heavy metals in their blood.

“As if the initial spread of sludge from the TVA was not bad enough, shipping that much coal ash to Perry County, Alabama, seems very short sighted,” says Rhon Jones, Toxic Torts Section Head with Beasley Allen Law Firm. “I feel certain that many residents of Perry County share our concern that this plan is not in the best interest of Perry County citizens.”

Source: New York Times

SOURCE: Coal Ash Spill › EPA approves TVA’s bid to store recovered coal ash in Alabama