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Tuesday, April 21, 2009
Toxic Tort Lawsuits against Tennessee Valley Authority over Ash Spill
Over 170 toxic tort and other lawsuits have been filed against the Tennessee Valley Authority over a major spill at one of its power plants. In December, a retaining wall designed to hold back a toxic pond of ash from the Tennessee Valley Authority's Kingston coal power plant. The ash poured out of the pond, flooding about ten homes, and contaminating the Emory and Clinch rivers as well as local wells.
Although water tests in some parts of the river showed "safe," dead fish were washing up miles downstream from the burst dam. The ash tested positive for both arsenic and two radioactive isotopes of radium 226 and 228. Although river water tested near the spill contains only trace amounts of arsenic, and no significant radiation, there are still many reasons to be concerned about the after-effects of the spill. As the ash dries, it turns into dust, which can be inhaled. The decay chain of both isotopes of radium include radon, and radium 228 also decays into thorium. Once inhaled, radium can subject residents to potential radiation exposure for decades to come. Radium 228 has a half-life of almost six years, and thorium a half-life of almost two years, so significant radiation exposure can persist for a long time. As a result of this spill, people in the area may suffer increased cancer rates, and the potential for arsenic poisoning.
The Tennessee Valley Authority has asked that it be granted immunity because it is a government entity, and has asked that some suits be dismissed because plaintiffs live too far away from the site.
But according to the Tennessee Valley Authority Act, plaintiffs' lawyers say, the entity can be sued. And there may be reason to believe that the failure of the dam could have been prevented. Five years ago, the same dam had a "blowout," a leak that filled a ditch and sent contaminated material onto a nearby roadway. Although that leak was fixed, an October 2008 inspection showed another leak in a different part of the dam, perhaps indicating that the reservoir was overstressed.
If your community has been hurt by a toxic spill, you need a law firm with the scientific, financial, and legal resources to pursue your complex case, no matter who is the opponent. The Memphis, Tennessee toxic tort lawyers of The Cochran Firm stand ready to help you. Schedule a free toxic tort consultation today to learn how we can help.
Although water tests in some parts of the river showed "safe," dead fish were washing up miles downstream from the burst dam. The ash tested positive for both arsenic and two radioactive isotopes of radium 226 and 228. Although river water tested near the spill contains only trace amounts of arsenic, and no significant radiation, there are still many reasons to be concerned about the after-effects of the spill. As the ash dries, it turns into dust, which can be inhaled. The decay chain of both isotopes of radium include radon, and radium 228 also decays into thorium. Once inhaled, radium can subject residents to potential radiation exposure for decades to come. Radium 228 has a half-life of almost six years, and thorium a half-life of almost two years, so significant radiation exposure can persist for a long time. As a result of this spill, people in the area may suffer increased cancer rates, and the potential for arsenic poisoning.
The Tennessee Valley Authority has asked that it be granted immunity because it is a government entity, and has asked that some suits be dismissed because plaintiffs live too far away from the site.
But according to the Tennessee Valley Authority Act, plaintiffs' lawyers say, the entity can be sued. And there may be reason to believe that the failure of the dam could have been prevented. Five years ago, the same dam had a "blowout," a leak that filled a ditch and sent contaminated material onto a nearby roadway. Although that leak was fixed, an October 2008 inspection showed another leak in a different part of the dam, perhaps indicating that the reservoir was overstressed.
If your community has been hurt by a toxic spill, you need a law firm with the scientific, financial, and legal resources to pursue your complex case, no matter who is the opponent. The Memphis, Tennessee toxic tort lawyers of The Cochran Firm stand ready to help you. Schedule a free toxic tort consultation today to learn how we can help.
Labels: Memphis
posted by Benjamin A. Irwin at 7:22 AM
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