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

Bruce Duncan’s family lives just three miles from where more than a billion gallons of toxic coal ash spilled from an impoundment pond at the Tennessee Valley Authority (TVA) coal-firing plant. They watch trucks loaded with recovered coal ash pass by their house every day en route to other landfills specially equipped to store the toxic waste. The Duncans would like to move away to a safer environment, like many in the area have. Living so close to the cleanup has made them ill. They have frequent nosebleeds, frontal headaches, increased shortness of breath, wheezing, asthma exacerbation and increased chest pain. Their doctor also warned them not to drink the water. But unlike some residents in the area, the TVA hasn’t offered to help the Duncans, and they simply cannot afford to buy another home, especially when their current home has lost value since the spill.

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The Environmental Protection Agency (EPA) says it is OK for farmers to spread coal ash on to their fields to fertilize soil, even though the material contains toxins that have been linked to serious health complications such as cancer and liver damage. The agency says that the material contains just a trace amount of toxins that don’t pose a risk to humans through groundwater contamination or by consuming the crops. But environmentalists beg to differ.

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Concerned citizens and environmental activists are opposing plans to expand a coal ash pond along the Ohio River in northern Kentucky because they say if the pond ruptures, it could contaminate drinking water. The proposal from LG&E would build 100-foot-tall walls around an existing coal ash pond, giving it more capacity than the coal ash impoundment at the Tennessee Valley Authority (TVA) Kingston, Tenn., plant, which failed last year and dumped more than a billion gallons of toxic waste on to a neighboring community.

That spill, called one of the largest environmental disasters in U.S. history, knocked houses off their foundations, damaged property and contaminated waterways. The TVA is currently undergoing an estimated three-year, $1.2 billion cleanup effort to restore the land.

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Coal ash produced and stored by fossil fuel plants kills fish and other wildlife, damages their reproductive capacity, and contaminates wells, according to a report released this week by the Environmental Protection Agency (EPA). The 230-page report culminates months of research triggered by last year’s massive coal ash spill from the Tennessee Valley Authority’s Kingston, Tenn., plant. That spill dumped more than a billion gallons of toxic material onto a neighboring community where it knocked houses from their foundations, damaged property and contaminated nearby waterways.

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Southern California community members worried about the ill effects from coal-burning mines and power plants are conducting a 100-day national campaign uniting 100 communities in the area urging lawmakers to phase out of coal-based energy and transition to cleaner, renewable sources that would produce more green jobs, according to the Palm Springs (California) My Desert.

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Tennessee Valley Authority (TVA) employees from the highest ranking officers to the bottom-level employees will not receive annual incentive awards for the fiscal year in anticipation of increased expenses and plummeting revenues, according to a memo issued by the TVA and reported by Chattanooga, Tennessee’s WRCB-TV.

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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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A month after a holding pond at a coal-fired electric plant in Kingston, Tennessee, spilled over and poured more than 2.2 million pounds of toxic materials over 300 acres in East Tennessee, authorities are still trying to get a grasp of the economic toll it will take on the area, according to The Institute for Southern Studies.

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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

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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