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

Oak Ridge Associated Universities (ORAU), a consortium of academic institutions, will begin addressing the health concerns of residents affected by last December’s coal ash spill at the Tennessee Valley Authority (TVA) Fossil Plant in Kingston, Tennessee, by late summer, according to a report by Knox News. The consortium was tapped to head up the response and handle the work. TVA will be monitoring the implementation of the guidelines and has agreed to pay medical expenses for anyone whose health problems are determined to be caused by the coal ash.

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The public relations firm that will likely handle the three-year, $1.9 million image campaign for Kingston, Tennessee, will use social media to improve the area’s tarnished reputation, according to WATE-TV.

McNeely Pigott & Fox Public Relations LLC, which submitted a proposal and budget for the campaign, would use social media techniques such as blogs, blurbs and Twitter Tweets to highlight the positive side of Kingston.

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The Tennessee Valley Authority (TVA) is being asked to cover the cost of a three-year, $1.9 million public relations campaign aimed at improving the image of Kingston, Tennessee. The nation’s largest public utility is being blamed for tarnishing the region’s reputation. Once thought of as a destination for water sports and recreation, the east Tennessee community, which includes parts of the Emory River, is now covered in a mass of toxic debris that locals feel may cause them serious illness.

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Coal ash that poured from the Tennessee Valley Authority (TVA) Kingston, Tennessee, Fossil Plant onto an east Tennessee community last December and recovered by cleanup crews is far too toxic to be stored in Pennsylvania’s coal mines, according to officials in that state. Authorities issued a statement saying it has strict regulations for the material to be stored there.

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Residents of east Tennessee probably thought little of the Tennessee Valley Authority (TVA) coal-firing plant in Kingston, or the toxic brew of coal ash that had been brimming in an impoundment pond for years. But as residents built homes on property just miles away and fished and boated in the Emory River that snaked nearby, the pond walls were beginning to seep and were showing erosion scarring in some areas.

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In the midst of a massive, $1 million-a day-cleanup effort and under the threat of numerous lawsuits, the Tennessee Valley Authority (TVA) today announced organization changes and staff assignments “to ensure the effective, long-term management of the recovery effort at Kingston Fossil Plant,” according to the Chattanoogan.

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A memo that apparently passed through the hands of several folks at the TVA drafting “talking points” about the Kingston Fossil Plant coal ash spill of Dec. 22 appears to attempt to minimize the significance of the disaster, according to a report today from the Associated Press.

The memo was apparently sent to the AP by accident, according to their report. They say the memo shows additions and deletions that change more alarming language to tone down the sense of urgency and threat resulting from the coal ash spill.

An example cited by the AP story says the word “catastrophic” was changed to “sudden, accidental release” when describing the spill that flooded more than 300 acres surrounding the energy production plant with toxic coal ash sludge.

While environmentalists are pointing to the memo as evidence that TVA is trying to cover up the seriousness of the situation, TVA representatives say that they were simply trying to present accurate information as they understood it at the beginning of the crisis, the AP reports. As the situation developed, the TVA says it modified its information to upgrade the severity of the situation, the report states.

According to the Tenneseean, the TVA is investigating a leak from a gypsum pond at its Widows Creek coal-burning power plant in northeastern Alabama, a spokesman said at about 10:45 a.m. Central Time.

The leak, discovered before 6 a.m. has been stopped, according to John Moulton, with the Tennessee Valley Authority.

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“Some materials flowed into Widows Creek, although most of the leakage remained in the settling pond,” he said.

Gypsum is a byproduct of coal-burning power plants when “scrubbers” are added that use limestone spray to clean air emissions. This pulls sulfur dioxide from the emissions.

Tighter air emissions controls result in additional waste byproducts. Gypsum can be used in building materials.

Alabama environmental officials were on their way as of 10:15 a.m. Central Time to an spill at TVA’s Widows Creek coal-fired power plant in northeastern Alabama.

Scott Hughes, spokesman for the Alabama Department of Environmental Management said, “The only thing we’ve got right now is that there was a release from a gypsum treatment operation.”

“We do understand that some of the material has reached Widows Creek.”

The creek from which TVA’s coal burning plant gets its name, crosses the plant property. Gypsum can be sold for use in wallboard, but markets have been slow and it like more standard ash can build up in waste ponds.

“We’re in the process of gathering more info and getting a full report.”

Kingston is the scene of a TVA ash pond that ruptured: Early on the morning of Dec. 22, more than a billion gallons of sludge flowed out of the pond, damaging a dozen homes and creating environmental havoc along the Emory River.

The Widows Creek Fossil Plant is located on Guntersville Reservoir on the Tennessee River. It has eight coal-fired units and was completed in 1965. The plant consumes about 10,000 tons of coal a day. The ash from that coal was in the pond that broke there.

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

FOR IMMEDIATE RELEASE

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.

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