“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

“Humans have turned screwing up the earth into an art form, skillfully wreaking havoc on the land, water and air through negligence, lack of concern or even the greedy desire to profit at all costs,” according to the blog post. “American corporations are especially adept at causing severe damage to the environment and human health, and some of the worst offenders – including Exxon Mobil, Monsanto and W.R. Grace – have, by and large, gotten away with it.”

Victims of the Tennessee coal ash spill are hopeful the TVA will be held responsible for the massive spill. After all, inspection reports by both the TVA and the state show that the utility knew for several years that there were leaks in the coal ash pond and yet nothing was ever done to repair it. Only after the spill occurred did the public learn just how dangerous coal ash is.

The sludge, which mounded as high as 8 feet in some areas, contains toxins such as arsenic, lead, chromium, manganese and barium that have been linked to serious health problems such as cancer, liver damage and neurological complications.

Despite the evidence, some worry that the nation’s largest utility may be given a break from fines and prosecution. “TVA, like all federal agencies, and consistent with the Department of Justice’s position on the issue, is not subject to civil penalties in suits brought by citizen groups under some federal environmental statutes,” says TVA spokeswoman Barbara Martocci. “It would take legislation to change this.”

Try explaining that to the family who lost their home because the sludge knocked it off the foundation, or the developer whose business is in jeapordy because the lakefront homes aren’t selling because the waterways are contaminated, or the parents of the toddler who tested positive for heavy metals in his bloodstream. No wonder environmental groups and victims of the spill are calling for justice.

SOURCE: Coal Ash Spill › Tenn. coal ash spill among worst man-made environmental disasters

“There is a lot of scientific uncertainty in this case, as there are in many environmental cases,” Button said in an interview with KnoxNews.com.

Last year, more than a billion gallons of coal ash spilled from an impoundment pond at the Kingston, Tenn., fossil fuel plant and covered about 300 acres of a nearby community. The spill knocked homes off their foundations, damaged property and contaminated nearby waterways. The TVA has been involved in what it anticipates to be a three-year, billion dollar cleanup effort to restore the land, but environmentalists say the damage is not as easy to repair.

To date, 14 lawsuits – some of them class actions – have been filed against the TVA by residents and businesses who lost property or have been injured by the spill. Coal ash, a product of coal-firing plants, contains dangerous toxins that have been linked to serious health conditions such as cancer, liver damage and neurological problems. Some residents in the area have experienced heightened anxiety and breathing problems. Some, including a young child, have tested positive for heavy metals in their blood.

Whether the TVA will actually pay its due for the damages it caused is still in question. “TVA, like all federal agencies, and consistent with the Department of Justice’s position on the issue, is not subject to civil penalties in suits brought by citizen groups under some federal environmental statutes,” says TVA spokeswoman Barbara Martocci. “It would take legislation to change this.”

Button says all hope isn’t lost, that claiming sovereign immunity isn’t a guarantee of protection for the TVA, adding that the U.S. Army Corps of engineers was sued following Hurricane Katrina.

SOURCE: Coal Ash Spill › TVA claims protection as coal ash lawsuits mount

Coal ash

The report highlights the concern environmentalists have had for years – that coal ash produced by utilities like the TVA is toxic and should be regulated by the federal government. Tests have shown that coal ash contains arsenic, lead, chromium, manganese and barium, heavy metals that have been linked to serious health concerns such as cancer, liver damage and neurological complications. Based on the new report, the EPA says it is considering labeling coal ash as a toxic waste. Utilities industries oppose the move.

Meanwhile, the TVA is undergoing an expected years-long, $1.2 billion cleanup of the land it damaged. While the nation’s largest utility claims it will restore the property to its original condition and has given more than $40 million to Roane County officials for improvement projects and a pricey public relations campaign, locals and environmentalists say that the efforts don’t rectify the damage to wildlife and humans, many of whom have already tested positive for heavy metals in their blood.

Source: UPI

SOURCE: Coal Ash Spill › EPA report: Coal ash causes death, deformity in wildlife

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

Walt Dickson and New Homes Construction Co. Inc. have filed a lawsuit in Knoxville federal court asking for $17 million for alleged damages to the Lakefront Estates development in neighboring Rhea County. Lakefront Estates is located on Watts Bar Lake, located about 25 miles downstream from where the TVA’s coal ash impoundment pond broke and poured more than a billion gallons of coal ash onto neighboring property. The spill pushed houses off their foundations and destroyed property in its wake. It also poured into Emory River and traveled downstream.

Following the spill, signs were posted along the river warning people to stay out of the water and not consume any fish caught in the waters. Coal ash contains dangerous materials such as arsenic, lead, barium, chromium and manganese, which have been linked to serious health problems such as cancer, liver damage and neurological complications.

The lawsuit claims that the toxic material poured downstream into Watts Bar Lake, where it hurt water recreation and decreased property values in the 90-acre Lakefront Estates development. According to the lawsuit, “As a result of TVA’s conduct described herein, Plaintiffs have lost the sale of multiple lots, the development has diminished in value, the recreational amenities afforded by the development have been substantially affected and the whole development and its purpose herein described, has been unreasonably interfered with by TVA as a result of the spill.”

SOURCE: Coal Ash Spill › Community developer files lawsuit against TVA

The December 22, 2008, spill dumped 1.1 billion gallons of toxic coal ash on to 300 acres of rural community and into the Emory River. Since the spill, the TVA has been involved in a massive cleanup, expected to cost the utility nearly a $1 billion before it is complete.

“It appears the TVA management made a conscious decision to present to the public only facts that supported an absence of liability for TVA for the Kingston spill, says Richard Moore, the utility’s Inspector General who wrote the report. TVA CEO Tom Kilgore in a written statement denied the agency was involved in a cover up.

The report also brings into question the structural integrity of other TVA coal storage sites. “There is reasonable risk of other dike failures if changes are not made in the design, construction, oversight, and operation of the wet disposal sites throughout TVA,” the report states.

The Inspector General’s report puts the blame for the spill on TVA management, arguing that it should have taken measures to address issues regarding the problems identified at the Kingston site that were raised previously in two separate reports, dated1985 and 2004. The report contends that “necessary systems, controls, standards and culture were not in place” at the TVA.

Moore testifies this week before the House Committee on Water and Infrastructure subcommittee.

Read the Inspector General’s Report.

Source: Tennessean
Additional News: Huntsville Times/Associated Press

SOURCE: Coal Ash Spill › Report accuses TVA of trying to dodge blame for coal ash spill

“I’m not crazy about it,” said Hank James in an interview with the Tuscaloosa News. “From what I’ve read, it doesn’t sound like a great thing for any community to deal with.”

Coal ash is not classified as a hazardous material by the Environmental Protection Agency, but since 2000, improved pollution controls have kept toxins from leaving smokestacks and thus have increased the amount of toxins in coal ash. The material may contain arsenic, lead, chromium, manganese and barium, which can contribute to serious health complications such as cancer, liver damage and neurological complications.

When the coal ash spill occurred last December, more than a billion gallons poured over 300 acres of a nearby community, knocking homes off their foundations and piling as high as nine feet in some areas. Numerous people have been displaced, some have suffered medical complications, and despite TVA’s claims to fully restore the property, some say it will always hold traces of dangerous materials that can harm wildlife and plant life that live off the land and in the waterways.

More than half of the recovered coal ash is expected to be stored in the rural Alabama town. A breach similar to that at the Tennessee Valley Authority (TVA) plant in Kingston, Tennessee, could devastate the impoverished Perry County.

Perry County officials contend that the Arrowhead Landfill, where the recovered coal ash will be stored, was built to modern standards and is in full compliance with ADEM regulations. The landfill is lined with a heavy plastic to keep toxins from seeping into the ground and a purification system is capable of cleaning the fluids to a level clean enough to dump into nearby streams. A series of wells will help monitor to ensure hazardous toxins don’t get into drinking water.

But those reassurances aren’t enough to sway some concerned citizens. “As far as making any kind of benefit for this community, I don’t see any,” says John Osemer, 87, a lifelong resident of Uniontown.

Image courtesy Tuscaloosa News

SOURCE: Coal Ash Spill › Recovered toxic coal ash to be stored in rural Alabama

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

This is the sixth federal lawsuit filed against the TVA as a result of the utility’s coal ash pond breach last December that flooded an east Tennessee community with more than a billion gallons of coal ash sludge. Not only did the massive spill destroy houses and damage property, it also poured into the neighboring Emory River. Coal ash contains toxic material such as arsenic, lead, barium, manganese and chromium, which can be harmful to human health.

This latest lawsuit against the utility claims the TVA “submitted a vague, misleading and piecemeal environmental assessment and remediation plan which, in significant places, massaged the data and blatantly removed to avoid real and appropriate vigorous scrutiny.”

The TVA claims that it has been open about its cleanup efforts by posting updates on its Web site. A U.S. magistrate judge has set a hearing on the issue for April 29th.

SOURCE: Coal Ash Spill › Residents ask judge to halt TVA’s cleanup efforts

The material dumped on property and neighboring waterways contained dangerous toxins such as arsenic, lead, barium, chromium and manganese. If ingested or inhaled in high levels, those toxins could cause serious health problems such as cancer, liver damage and neurological complications.

A massive cleanup ringing in at about $1 million per day is underway, but many say the damage already has been done. So far 27 families have had to relocate to temporary housing – paid by TVA. To date, families in the area have filed 444 claims with the TVA, related to the spill. Of the 444, 311 are related to real estate, 117 to health concerns, and the remaining 16 deal with personal property damage.

In situations such as the TVA’s coal ash spill where several people are affected, cases are often consolidated into a single class-action suit where claims and damaged are determined based on the number of people affected and the type of damage that occurred.

SOURCE: Coal Ash Spill › Property owners file claims 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

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