Beasley, Allen, Crow, Methvin, Portis & Miles, P.C.

“Are the people of Perry County, Ala., less valuable than the people in Kingston, Tenn.?” asks Hurricane Creekkeeper John Wathen. The activist sent a complaint letter to Environmental Protection Agency (EPA) administrator Lisa Jackson this week in an effort to stop shipments of coal ash recovered from the east Tennessee spill site to a poor, black community in Alabama. Residents near the Uniontown, Ala., landfill say the coal ash is stinking up their town. And they, too, worry that the same toxic sludge that poured down on the community of Kingston causing serious damage and threatening human health, may create problems for them as well.

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The U.S. Environmental Protection Agency (EPA) signed an enforceable agreement with the Tennessee Valley Authority (TVA) to oversee the removal of coal ash from its east Tennessee fossil fuel plant where a coal ash impoundment breached and dumped more than a billion gallons of toxic coal ash on to a neighboring community and into the Emory River. The TVA was also ordered to reimburse the EPA for any costs associated with its oversight of the cleanup.

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AlterNet.org is reporting that during testing of the water in the Emory River, the Tennessee Valley Authority (TVA) may have intentionally collected the samples from clean areas, backing up the utility’s claim that that residents’ drinking water is safe. The Emory is a major supplier of drinking water in the area and a popular spot for water sports such as swimming, boating and fishing. However, third-party tests have found high levels of toxins in the river as well as in private wells, according to the report.

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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.”

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Following the investigation of the Kingston, Tennessee coal ash impoundment that failed and spilled more than a billion gallons of toxic material on to 300 acres of east Tennessee property, the U.S. Environmental Protection Agency (EPA) has found the Tennessee Valley Authority (TVA) in violation of the federal Clean Water Act, according to Knoxville Biz.

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Duke University scientists have confirmed the fears of most residents in the east Tennessee community that fell victim last month to the massive TVA pond coal ash spill that dumped more than a billion gallons of toxic waste on to their property and into nearby rivers. Scientists have concluded that sludge in the area contains high levels of arsenic and elevated levels of radioactive radium – enough to cause harm to humans if the cleanup isn’t done with extreme caution, according to MSNBC/Associated Press.

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The coal ash spill last month that dumped more than a billion gallons of toxic material onto 300 acres of rural east Tennessee may threaten wildlife for years to come, according to National Geographic. The ash contains dangerous toxins such as arsenic, cadmium, mercury and thallium that can lead to health problems in humans such as cancer, liver damage and neurological complications. Wildlife can suffer serious consequences as well.

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FOR IMMEDIATE RELEASE

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