“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

Records reviewed by the Knoxville News Sentinel indicate that 10 firms will rake in more than $10 million each from the first phase of the cleanup effort, including Phillips & Jordan, a Knoxville-based disaster recovery specialist, which is expected to earn as much as $95 million from the TVA.

The TVA is engaged in a three-year, billion-dollar cleanup effort to restore the land, property that was once known for its pastoral landscapes and recreational waterways but is now covered with dark ash and heavy equipment.

It’s a hard pill to swallow for local residents, many of whom watched their homes destroyed or their property damaged when the wave of coal ash – piled as high as nine feet in some areas – poured out from a breached impoundment pond at the neighboring TVA coal-firing plant. Coal ash contains dangerous toxins that have been linked to serious health problems. Many environmentalists argue that if coal-firing plants had been properly inspected by the federal government, perhaps weaknesses in the pond’s infrastructure would have been brought to light sooner and the devastating spill could have been avoided. But hindsight is 20/20.

Besides the billion-plus dollars spent to clean up the devastated land, the TVA has shelled out millions more to buy up homes that were damaged or destroyed and to pay for county improvements and a public relations campaign as a sort of peace offering. More expenses are expected. The nation’s largest utility is also facing class action lawsuits filed by firms such as Beasley Allen on behalf of residents affected by the spill.

SOURCE: Coal Ash Spill › Contractors to make millions off coal ash spill cleanup

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

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

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

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