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

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

A report published today by the Birmingham News says the coal ash retaining ponds at two Birmingham-area coal-fired energy plants contain the highest levels of arsenic in the country, ranked and Nos. 2 and 3 on a list compiled by the Environmental Integrity Project (EIP). The study evaluates the amount of ash deposited in on-site ash ponds and landfills from 2000-2006, according to the News report.

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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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