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 practice of utilities selling coal ash byproducts is not unusual. The Tennessee Valley Authority (TVA) recently released a report stating that it sells about a third of the 7 million tons of fly ash, bottom ash, gypsum and boiler slag generated in its plants each year. Those byproducts have been mixed into concrete for roads in bridges and in blocks for buildings. The gypsum has been used in wallboard, granules for roofing shingles and grit for sandblasters. The byproducts even have been used as filler material for recreation areas, ball fields and industrial parks, according to the Atlanta Journal Constitution.

Yes, this is the same type of toxic material that spilled on to 300 acres of rural east Tennessee last December when one of the utility’s coal ash ponds failed, destroying nearby homes and causing hundreds of millions of damage to property. Environmentalists say the damage to wildlife and plant life is still to be determined, and many locals who live near the site have already suffered health problems. The coal ash contains toxins such as arsenic, lead, chromium, manganese and barium, which have been associated with serious health problems such as cancer, liver damage and neurological complications.

So it comes as little surprise that the Chinese drywall containing coal ash byproducts is also making people sick. The lawsuit alleges that the drywall emits one of several sulfur compounds giving homes made of it a foul odor. Some say those fumes also may cause respiratory health problems, headaches, dry eyes and nosebleeds. The long term affects of exposure are yet to be determined.

Other problems caused by the Chinese drywall include corrosion of air condition coils, putting homes at serious risk for electrical fires.

The class action lawsuit names the Knauf Group, PKT’s parent company; Banner Supply, a Miami-based materials supply company; and Rothchilt International, Ltd. , an export company in China. Legal experts believe many more lawsuits will follow.

SOURCE: Coal Ash Spill › Coal ash byproducts used in building supplies making people sick

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