An Alabama law firm has filed a class action lawsuit against the Tennessee Valley Authority on behalf of property owners impacted by a recent coal-ash spill in East Tennessee that experts are now beginning to say may be the most significant environmental disaster in the United States since the Exxon Valdez oil spill in 1989.

A coal-fired TVA power plant in Kingston, Tennessee, about 40 miles west of Knoxville, released 1.1 billion gallons of toxin-laden sludge into a rural neighborhood when a waste-storage pond retaining wall failed on Dec. 22.

The law firm of Jere Beasley is suing TVA, the nation’s largest public utility, for an unspecified sum.

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.

Beasley Allen will be working with attorneys Gary Davis and Mary Parker in Tennessee, both of whom have Environmental experience. The firm has previously handled large 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.

Also, Democrats on the Senate committee overseeing TVA castigated the agency for failing to live up to its environmental stewardship mission, during a hearing Thursday on last month’s toxic-sludge spill at the Kingston Fossil Plant, according to the Knoxville News Sentinel.

Led by Chairwoman Barbara Boxer of California, Democrats on the Environment and Public Works Committee also called for the U.S. Environmental Protection Agency to regulate fly ash, a byproduct of burning coal, as hazardous waste.

Members of both parties agreed TVA should clean up the site promptly and properly, and compensate landowners affected by the spill.

After showing enlarged photographs of the devastation and passing around a mason jar filled with sludge provided by Roane County residents, Boxer warned TVA President and CEO Tom Kilgore that the committee would take a closer look at the agency.

An Associated Press analysis of Energy Department data found that 156 power plants in 32 states disposed of more than 19 million pounds of toxic coal ash in ponds in 2005, the latest year data was available. Here is a ranking of those states.

Here’s a list of power plants in each state with coal ash ponds, which are largely unregulated, and the amount in tons stored, according to an Associated Press analysis of Energy Department data from 2005, the latest year statistics were available.

ALABAMA

Alabama Electric Cooperative Inc. — Washington County — 28,400 tons
Alabama Power Co. — Mobile County — 282,900 tons
Alabama Power Co. — Etowah County — 34,100 tons
Alabama Power Co. — Walker County — 304,900 tons
Alabama Power Co. — Greene County — 211,900 tons
Alabama Power Co. — Jefferson County — 61,500 tons
Tennessee Valley Authority — Colbert County — 29,200 tons
Tennessee Valley Authority — Jackson County — 407,600 tons

ARIZONA

Arizona Electric Power Cooperative Inc. — Cochise County — 33,000 tons
Arizona Public Service Co. — Navajo County — 258,000 tons

ARKANSAS

Domtar Industries Inc. — Little River — 40,300 tons
Southwestern Electric Power Co. — Benton County — 19,400 tons

COLORADO

Platte River Power Authority — Larimer County — 5,700 tons

FLORIDA

Gulf Power Co. — Bay County — 70,300 tons
Tampa Electric Co. — Hillsborough County — 200 tons

GEORGIA

Georgia Power Co. — Bartow County — 93,300 tons
Georgia Power Co. — Putnam County — 416,300 tons
Georgia Power Co. — Heard County — 536,700 tons
Georgia Power Co. — Monroe County — 470,600 tons
Savannah Electric n Power Co. — Chatham County — 10,000 tons
Savannah Electric n Power Co. — Effingham County — 15,000 tons

ILLINOIS

Ameren Energy Generating Co. — Crawford County — 31,000 tons
Ameren Energy Generating Co. — Morgan County — 48,000 tons
Ameren Energy Generating Co. — Jasper County — 109,000 tons
Dynegy Midwest Generation Inc. — Randolph County — 116,000 tons
Dynegy Midwest Generation Inc. — Mason County — 86,000 tons
Dynegy Midwest Generation Inc. — Putnam County — 20,800 tons
Dynegy Midwest Generation Inc. — Vermilion County — 13,700 tons
Dynegy Midwest Generation Inc. — Madison County — 14,200 tons
Springfield City of — Sangamon County — 72,100 tons
Ameren Energy Resources Generating — Peoria County — 52,000 tons
Ameren Energy Resources Generating — Fulton County — 63,000 tons

INDIANA

Alcoa Power Generating Inc. — Warrick County — 241,900 tons
Hoosier Energy R E C Inc. — Pike County — 39,800 tons
Indiana-Kentucky Electric Corp. — Jefferson County — 21,700 tons
Indianapolis Power n Light Co. — Marion County — 175,900 tons
Indiana Michigan Power Co. — Dearborn County — 140,600 tons
Indiana Michigan Power Co. — Spencer County — 11,800 tons
PSI Energy Inc. — Vermillion County — 210,900 tons
PSI Energy Inc. — Knox County — 11,500 tons
PSI Energy Inc. — Floyd County — 125,600 tons
PSI Energy Inc. — Vigo County — 192,100 tons
PSI Energy Inc. — Gibson County — 897,800 tons
Southern Indiana Gas n Electric Co. — Warrick County — 35,600 tons
Southern Indiana Gas n Electric Co. — Posey County — 165,750 tons

IOWA

Interstate Power n Light Co. — Allamakee County — 24,000 tons
MidAmerican Energy Co. — Pottawattamie County — 104,500 tons
MidAmerican Energy Co. — Woodbury County — 50,200 tons
MidAmerican Energy Co. — Louisa County — 23,000 tons

KANSAS

Kansas City City of — Wyandotte County — 10,200 tons
Westar Energy — Pottawatomie County — 184,100 tons

KENTUCKY

Cincinnati Gas n Electric Co. — Boone County — 172,900 tons
East Kentucky Power Cooperative Inc. — Clark County — 60,000 tons
East Kentucky Power Cooperative Inc. — Mason County — 4,300 tons
Kentucky Utilities Co. — Mercer County — 140,500 tons
Kentucky Utilities Co. — Carroll County — 634,700 tons
Kentucky Utilities Co. — Muhlenberg County — 30,600 tons
Kentucky Utilities Co. — Woodford County — 18,900 tons
Louisville Gas n Electric Co. — Jefferson County — 37,100 tons
Louisville Gas n Electric Co. — Jefferson County — 64,700 tons
Louisville Gas n Electric Co. — Trimble County — 150,900 tons
Tennessee Valley Authority — Muhlenberg County — 125,700 tons
Tennessee Valley Authority — McCracken County — 61,100 tons
Western Kentucky Energy Corp. — Henderson County — 12,300 tons
Western Kentucky Energy Corp. — Webster County — 21,800 tons
Kentucky Power Co. — Lawrence County — 298,300 tons

LOUISIANA

Cleco Power LLC — De Soto Parish — 51,900 tons
Louisiana Generating LLC — Pointe Coupee Parish — 139,400 tons

MARYLAND

Mirant Mid-Atlantic LLC — Montgomery County — 3,000 tons
Allegheny Energy Supply Co. LLC — Washington County — 25,100 tons

MICHIGAN

Consumers Energy Co. — Bay County — 108,800 tons
Consumers Energy Co. — Bay County — 69,900 tons
Consumers Energy Co. — Monroe County — 3,400 tons
Detroit Edison Co. — Monroe County — 482,000 tons
Lansing City of — Eaton County — 5,100 tons

MINNESOTA

Allete Inc. — St Louis County — 20,200 tons
Allete Inc. — Itasca County — 163,400 tons
Northern States Power Co. — Dakota County — 4,800 tons
Northern States Power Co. — Ramsey County — 10 tons
Northern States Power Co. — Hennepin — 6,700 tons
Northern States Power Co. — Sherburne — 355,700 tons

MISSISSIPPI

Mississippi Power Co. — Harrison County — 39,100 tons
Weyerhaeuser Co. — Lowndes County — 60,000 tons

MISSOURI

Associated Electric Cooperative Inc. — New Madrid County — 109,200 tons
Empire District Electric Co. — Jasper County — 53,500 tons
Independence City of — Jackson County — 29,750 tons
Kansas City Power n Light Co. — Platte County — 16,400 tons
Sikeston City of — Scott County — 11,300 tons
Ameren UE — Franklin County — 250,000 tons
Ameren UE — St Louis County — 111,000 tons
Ameren UE — St Charles County — 102,000 tons
Ameren UE — Jefferson County — 96,000 tons

MONTANA

PPL Montana LLC — Rosebud County — 963,600 tons

NEW MEXICO

Arizona Public Service Co. — San Juan County — 461,700 tons

NORTH CAROLINA

Progress Energy Carolinas Inc. — Buncombe County — 106,000 tons
Progress Energy Carolinas Inc. — Chatham County — 101,300 tons
Progress Energy Carolinas Inc. — Wayne County — 106,100 tons
Progress Energy Carolinas Inc. — Person County — 46,300 tons
Progress Energy Carolinas Inc. — New Hanover County — 166,000 tons
Progress Energy Carolinas Inc. — Robeson County — 47,000 tons
Progress Energy Carolinas Inc. — Person County — 212,800 tons
Duke Energy Corp. — Gaston County — 143,400 tons
Duke Energy Corp. — Rowan County — 121,900 tons
Duke Energy Corp. — Cleveland County — 96,900 tons
Duke Energy Corp. — Rockingham County — 28,500 tons
Duke Energy Corp. — Catawba County — 33,500 tons
Duke Energy Corp. — Gaston County — 93,100 tons
Duke Energy Corp. — Stokes County — 41,400 tons

NORTH DAKOTA

Basin Electric Power Cooperative — Mercer County — 194,800 tons

OHIO

Cardinal Operating Co. — Jefferson County — 490,400 tons
Cincinnati Gas n Electric Co. — Clermont County — 76,700 tons
Cincinnati Gas n Electric Co. — Hamilton County — 224,300 tons
Columbus Southern Power Co. — Coshocton County — 21,200 tons
Columbus Southern Power Co. — Pickaway County — 10,600 tons
Dayton Power n Light Co. — Adams County — 653,300 tons
Dayton Power n Light Co. — Adams County — 252,600 tons
Ohio Power Co. — Washington County — 143,400 tons
Ohio Power Co. — Gallia County — 90,700 tons
Ohio Valley Electric Corp. — Gallia County — 231,500 tons

OKLAHOMA

Western Farmers Electric Cooperative Inc. — Choctaw — 16,560 tons

PENNSYLVANIA

Pennsylvania Power Co. — Beaver County — 568,400 tons
PPL Corp. — Northampton County — 37,300 tons

Sunbury Generation LLC — Snyder County — 500 tons

SOUTH CAROLINA

Progress Energy Carolinas Inc. — Darlington County — 62,200 tons

Duke Energy Corp. — Anderson County — 63,500 tons
South Carolina ElectricnGas Co. — Colleton County — 101,100 tons
South Carolina ElectricnGas Co. — Aiken County — 12,500 tons
South Carolina Public Service Authority — Berkeley County — 10,900 tons
South Carolina Public Service Authority — Horry County — 7,000 tons
South Carolina Public Service Authority — Berkeley County — 34,900 tons
South Carolina Public Service Authority — Georgetown — 8,950 tons

TENNESSEE

Tennessee Valley Authority — Anderson County — 22,400 tons
Tennessee Valley Authority — Sumner County — 180,500 tons
Tennessee Valley Authority — Hawkins County — 10,000 tons
Tennessee Valley Authority — Humphreys County — 53,700 tons
Tennessee Valley Authority — Roane County — 325,900 tons

TEXAS

Topaz Power Group LLC — Goliad County — 63,500 tons
Lower Colorado River Authority — Fayette County — 39,910 tons
Southwestern Electric Power Co. — Harrison County — 120,000 tons
TXU Electric Co. — Milam County — 314,400 tons

UTAH

Los Angeles City of — Millard County — 96,700 tons
Kennecott Utah Copper Corp. — Salt Lake County — 34,300 tons

VIRGINIA

Appalachian Power Co. — Giles County — 5,800 tons
Virginia Electric n Power Co. — Fluvanna County — 85,000 tons
Virginia Electric n Power Co. — Chesterfield County — 322,600 tons
Virginia Electric n Power Co. — Chesapeake County — 34,800 tons

WEST VIRGINIA

Appalachian Power Co. — Putnam County — 391,900 tons
Appalachian Power Co. — Kanawha County — 1,600 tons
Appalachian Power Co. — Mason County — 9,500 tons
Central Operating Co. — Mason County — 137,100 tons
Ohio Power Co. — Marshall County — 48,700 tons
Ohio Power Co. — Marshall County — 307,400 tons

WISCONSIN

Wisconsin Power n Light Co. — Columbia County — 11,000 tons

WYOMING

Basin Electric Power Cooperative — Platte County — 79,100 tons
PacifiCorp. — Lincoln County — 119,000 tons
PacifiCorp. — Campbell County — 28,000 tons

Tags: Alabama Law Firms Sues TVA over Coal-Ash Spill

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