As most of our readers know, our firm filed a class action lawsuit on behalf of property owners affected by TVA’s December 22, 2008 coal ash disaster in Kingston, Tenn. The coal ash disaster spilled 5.4 million cubic yards of coal ash over nearly 300 acres and into adjoining waterways. Currently, our case is in pretrial discovery with class certification motions due this fall. As part of discovery, Plaintiffs took the deposition of TVA CEO, Tom Kilgore, in late August and TVA has completed depositions of the nine named class representatives in our case. Additional depositions of TVA officials are scheduled for the fall.
The coal ash issue is not limited to the pending litigation. As previously reported, EPA has issued proposed coal ash regulations. The proposed regulations include two options for federally regulating coal ash waste for the first time. Neither of the proposed options would classify coal ash waste as hazardous despite high levels of heavy metals in the ash.
EPA is seeking public comment on the proposed regulations and will issue a final version after reviewing public comments. As part of the public comment process, EPA is holding town-hall type meetings in five locations across the country. Until recently, those locations did not include Kingston or the surrounding area, but public pressure on EPA forced the agency to reconsider and agree to hold a public meeting in Knoxville – approximately 40 miles east of Kingston and also home to TVA headquarters. EPA declined to hold meetings in Kingston despite the fact that the Kingston disaster helped propel the issue of coal ash regulation into the spotlight nearly two years ago. At press time, EPA had not announced a timeframe for issuing the final coal ash regulations.
If you need additional information on this subject, contact Rhon Jones or David Byrne in our firm at 800-898-2034 or by email at Rhon.Jones@beasleyallen.com or David.Byrne@beasleyallen.com.
Sources: Knoxville News Sentinel, U.S. EPA
Contact us today for a free legal consultation with an experienced attorney.
Fields marked *may be required for submission.
If you would like to subscribe to the Jere Beasley Report digital edition, simply visit our Subscriptions page and provide the necessary information or call us at 800-898-2034.
Attorney Advertising - Prior results do not guarantee a similar outcome.