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

Rules regarding the storage of coal ash are expected to come from the Environmental Protection Agency (EPA) before the end of the year, but how the agency plans to categorize coal ash ponds has many environmentalists seeing red. According to a General Accountability Office document listing options currently being discussed, the EPA is considering designating wet coal ash as a hazardous material, but leaving the dry coal ash, or fly ash, categorized as non-hazardous if it is stored in a dry landfill.

Read the rest of this entry »

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.

Read the rest of this entry »

Cancer rates among people living near coal ash ponds are “disturbingly high,” according to Environmental Integrity Project and Earthjustice, nonprofit organizations that studied Environmental Protection Agency (EPA) data from 210 coal ash ponds across the United States. The data is compiled in a report titled, “Coming Clean: What EPA Knows About the Dangers of Coal Ash.”

Read the rest of this entry »

The U.S. Environmental Protection Agency (EPA) will send its first teams of inspectors to coal ash storage areas across the country within weeks, according to Knoxville Business News. The inspections are the first step in developing new coal ash regulations for an industry not currently overseen by federal regulations.

Read the rest of this entry »

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.

Read the rest of this entry »

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.

Read the rest of this entry »

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.

Read the rest of this entry »

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.

Read the rest of this entry »

By Alex Nussbaum

December 30, 2008

Water samples near a billion-gallon spill of coal ash in eastern Tennessee have found levels of arsenic and other heavy metals higher than drinking-water standards, prompting a warning against using private wells in the area.

Samples taken at the site of the spill in Harriman, 35 miles southwest of Knoxville, “slightly exceed” the standards for some metals, according to a statement from the Tennessee Valley Authority, owner of the coal power plant where the Dec. 22 accident occurred. Results from well-water and air tests won’t be known until later this week, the utility said.

Read the rest of this entry »