› $150,000,000 verdict in personal injury case
The Tennessee Valley Authority (TVA) has asked a federal judge to dismiss all lawsuits filed against it as a result of the December 22, 2008, coal ash spill at the utility’s Kingston, Tennessee, coal-firing plant, according to the Ledger-Enquirer/Associated Press. The spill occurred when a coal ash impoundment pond failed and dumped more than a billion gallons of toxic material on to 300 acres of a neighboring community and into the Emory River.
More than two dozen residents of the east Tennessee community affected by the December 2008 coal ash spill are asking a federal judge to halt the Tennessee Valley Authority’s cleanup efforts until more environmental studies and oversight have been performed, according to the Knoxville News Sentinel. Residents of the area are concerned the TVA is “recklessly forging ahead with a cleanup plan” that will cause the 300 acres of rural property to “sustain even greater environmental damage from preventable contamination, exposure and migration of coal ash through air, land and water.”
Four lawsuits have been filed by Kingston, Tennessee property owners against the Tennessee Valley Authority (TVA) as a result of December’s toxic spill that dumped more than a billion pounds of coal ash on to 300 acres of a rural east Tennessee community, according to the Tennessean.
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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
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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.
