The Duncans – husband, wife, a disabled adult son, and an 8-year-old son – decided to stop suffering in silence. They are among hundreds of people who have filed lawsuits against the TVA claiming gross negligence. The Duncans are seeking $1 million in compensatory damages for personal injuries and losses in addition to unspecified punitive damages to punish TVA as a deterrent, according to the Associated Press.

The TVA is engaged in a years-long, billion-dollar cleanup of the coal ash-covered land. The utility has also given $43 million to the community to help improve city infrastructures and the community’s image, and has agreed to pay settlements to owners of 150 pieces of property. Thirty-three settlement offers were not accepted, and TVA now faces dozens of lawsuits from victims.

SOURCE: Coal Ash Spill › Hundreds of coal ash spill victims file lawsuits against TVA

The coal ash, a byproduct of fossil fuel plants, which for years farmers have used to fertilize their fields, is also used to strengthen concrete for roads and as filler for recreational fields. It’s a convenient way for coal-firing plants to rid themselves of tons of waste each year. But some fear that the material, especially when used on crops, could be hazardous to human health.

“Basically this is a leap into the unknown,” says Jeff rush, executive director of Public Employees for Environmental Responsibility, to the Associated Press. “This stuff has materials in it that we’re trying to prevent entering the environment from coal-fired power plants and then to turn around and smear it across ag lands raises some real questions.”

The safety of such byproducts was brought to light a year ago, after more than a billion gallons of coal ash from the Tennessee Valley Authority (TVA) plant in Kingston, Tenn., spilled from an impoundment pond and covered a nearby community. New testing revealed that coal ash, which was not classified as a hazardous material, contained dangerous toxins and heavy metals that could pose serious health problems for humans. Since then, the EPA has been inspecting coal ash sites across the country and is establishing guidelines for safe storage, expected to be unveiled early next year.

Despite the presence of dangerous toxins in coal ash, the EPA says scattering the material on crops is “safe in appropriate soil and hydrogeologic conditions.” But is it worth the risk? For a dozen years, Decatur Utilities in Alabama distributed waste in the form of sludge from its treatment plant to farmers as free fertilizer for their crops. While the EPA was aware that the waste in fertilizer could be dangerous to humans as early as 1979, it wasn’t until last year that the EPA realized that the fertilizer was actually being dumped onto crops. Decatur Utilities quickly halted the practice. This month, the agency announced it would test the blood of as many as 200 residents in Lawrence County for potential toxic chemicals.

SOURCE: Coal Ash Spill › EPA says coal ash is safe to use as fertilizer on crops

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.

That’s just the kind of nightmare Kentucky residents don’t want to experience. A major spill from a larger coal ash pond built on the Ohio River flood plain could easily contaminate Louisville’s drinking water uptake just 30 miles downstream.

LG&E and Kentucky Division of Water officials say the pond wouldn’t affect the drinking water. But environmentalists have concerns. Coal ash is not categorized as a hazardous material and thus does not currently fall under federal regulation. But the massive Tennessee spill shed new light on coal ash.

Tests have shown that coal ash contains dangerous toxins such as arsenic, lead, chromium, manganese and barium, which have been linked to serious health conditions such as cancer, liver damage and neurological complications. As a result of last year’s devastating spill, the Environmental Protection Agency has been ordered to review all coal ash ponds in the country. The agency is expected to issue new rules for handling coal ash sometime in December.

Source: Chicago Tribune

SOURCE: Coal Ash Spill › Activists fight coal ash pond expansion along Ohio River

Coal ash

The report highlights the concern environmentalists have had for years – that coal ash produced by utilities like the TVA is toxic and should be regulated by the federal government. Tests have shown that coal ash contains arsenic, lead, chromium, manganese and barium, heavy metals that have been linked to serious health concerns such as cancer, liver damage and neurological complications. Based on the new report, the EPA says it is considering labeling coal ash as a toxic waste. Utilities industries oppose the move.

Meanwhile, the TVA is undergoing an expected years-long, $1.2 billion cleanup of the land it damaged. While the nation’s largest utility claims it will restore the property to its original condition and has given more than $40 million to Roane County officials for improvement projects and a pricey public relations campaign, locals and environmentalists say that the efforts don’t rectify the damage to wildlife and humans, many of whom have already tested positive for heavy metals in their blood.

Source: UPI

SOURCE: Coal Ash Spill › EPA report: Coal ash causes death, deformity in wildlife

As part of the campaign, protestors will march Saturday along Palm Canyon in Palm Springs and ask Congress to “quit coal and other fossil fuels and support a clean energy economy,” according to the report. “It is a major source of air and water pollution and leaves in its wake huge, toxic waste piles of ash.”

The protest comes two and a half months after the Tennessee Valley Authority (TVA) Kingston, Tennessee coal ash impoundment failed, dumping 2.2 million pounds of toxic coal ash on to 300 acres of property in rural east Tennessee. Coal ash contains toxins such as arsenic and lead, which contribute to serious health issues such as cancer, liver damage and neurological complications. Residents in the area already have reported experiencing breathing problems since the spill occurred.

The utility is shelling out a million dollars daily to clean up the mess, which destroyed homes and damaged property. Total cleanup costs are expected to ring in between $525 million and $825 million, according to the TVA. The utility also has vowed to convert the coal ash ponds at its Kingston plant to dry ash storage, which will take up to two years to complete.

SOURCE: Coal Ash Spill › Southern California communities march for safer alternatives to coal-burning

The bleak outlook is in part the result of the utility’s coal ash pond failure in December that dumped 1.1 billion pounds of toxic waste on to 300 acres of east Tennessee. TVA is facing numerous lawsuits from property owners as well as mounting cleanup costs that could reach as high as $825 million.

TVA said insurance should cover some of the costs but it also will consider disposing assets, using debt and raising power rates. The slashing of its annual incentive awards will also help cover costs.

As a result, President and Executive Officer Tom Kilgore said not only will he and upper management not receive the annual incentive awards for the fiscal year, compensation adjustments and lump sums also would not be paid for the year. However, annual incentive pay tied to performance of individual units would remain in place.

“I know that in these tough economic times, this news will be disappointing to our employees, but it is a realization of the challenges we face. I am grateful to everyone for their understanding,” Kilgore said in the memo.

SOURCE: Coal Ash Spill › TVA cuts incentive programs for all employees

Exposure to arsenic and radium can have cause serious health issues in humans, including cancer, liver damage and neurological complications.

The Tennessee Department of Environment and Conservation (TDEC) is overseeing the cleanup, with assistance from the Tennessee Department of Health and the U.S. Environmental Protection Agency. Efforts costing $1 million a day include vacuuming ash particles from the river and inlets, building temporary dams to hold back the flow, and dusting the area with more than 80 tons of grass seed to keep the ash from flying in the wind, according to the report.

A spokesperson with TDEC told AP that the agencies are working together to ensure the area is appropriately cleaned for the long-term protection of both the community and the environment. She was quoted: “We have stated throughout this process that coal ash does contain small amounts of some contaminants that could be harmful to human health under certain conditions, primarily ingestion and inhalation. From the point TDEC was initially notified of the ash release, the department recognized the potential inhalation hazard presented by the ash and acted to protect local public health.”

Because trace amounts of toxins were found miles downstream, state and federal agencies will continue to monitor the water and air to ensure that drinking water and air quality remains safe.

SOURCE: Coal Ash Spill › Scientists confirm sludge contains arsenic, radium

A team of scientists from Appalachian State University in Boone, N.C., have begun collecting water, sediment and fish samples from the Emory, Clinch and Tennessee rivers, and what they have found is alarming.

Many of the fish collected by the scientists had large amounts of ash in their stomachs, and others have swum as much as two miles upstream to find cleaner water. The ash that cakes in the fishes’ stomachs and gills can smother and kill the fish. The scientists summarize that the ash has traveled more than 6.5 miles downstream.

Many families in the east Tennessee rural neighborhood have suffered serious property damage, but there is mounting concern over how the coal ash spill will affect the health of residents there. The ash from the Tennessee spill contains dangerous materials such as arsenic, lead, barium, chromium and manganese, which can lead to serious health problems in humans such as cancer, liver damage and neurological complications.

Authorities are calling the Kingston, Tennessee disaster the largest industrial spill in our nation’s history, having dumped 100 times more toxic waste than the Exxon Valdez oil spill in Alaska in 1989.

SOURCE: Coal Ash Spill › One month later, impact of spill hard to grasp

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