This post was originally published on Eco Watch
Just before Christmas in 2008 in the Tennessee town of Kingston, a pile of coal ash located near the Kingston Fossil Plant broke free and spread into the 300 acres surrounding the plant and eventually into the Emory River Channel. The six-story high pile of coal ash – residue from burning coal – had accumulated over five decades in an area that had started out as a swimming hole.
“It looked like a black wave, almost like a black tsunami swallowed a town,” says Jared Sullivan, author of Valley So Low. “It punched forward with the force of water punching through a dam. All this ash just flooded the landscape.”
A billion gallons of ash, estimated to be 100 times larger than the Exxon Valdez spill, eventually spilled out of the pond, destroying dozens of homes in the area.
“As far as I know, it is the largest environmental disaster, in terms of just the sheer volume of material that was released, in U.S. history,” Sullivan says.
Sullivan recounts the fallout of this disaster in his new book, which tells the story of the disaster, the cleanup workers, and the fight for justice against the Tennessee Valley Authority (TVA) and the U.S. Environmental Protection Agency (EPA) by a determined lawyer, Jim Scott.
“It’s an environmental book dressed up as a legal thriller,” Sullivan says.
“I was a kid when it happened,” Sullivan recalls. “I remember watching on the news. There are people in front of the news cameras, and they say again and again this stuff poses no legitimate risk. Don’t worry about it. They really went out of their way to try to put the community and Tennesseans generally at ease.” Almost immediately, the TVA put out a statement stating the ash was not hazardous.
Shortly afterwards, the cleanup of the site began, and Jacobs Engineering was hired by the TVA as the cleanup contractors. But once the cleanup crew started the work, they weren’t provided any protective gear, such as masks or hazmat suits. This seemed to align with what the TVA was saying publicly at the time, which was that the coal ash was non-toxic.
“Imagine if, all of a sudden, all the workers are in hazmat suits stomping around this site. That kind of really undermines TVA’s initial claims that the coal ash doesn’t really pose any substantial threat,” Sullivan says. “The EPA had given TVA tight deadlines in which to complete this huge cleanup project, and if the workers would have been given dust masks, under federal rules around worker safety, they would have needed to take mandatory breaks so they wouldn’t overheat in the Tennessee summer.”
“I found transcripts from a meeting in 2009 where this worker’s wife basically asked a TVA senior vice president when we’re going to have hazmat suits and the TVA senior vice president responds, oh, within two weeks, we will get them to you. And that just never happened.”
Jared Sullivan author photo by Mackenzie Wray
Sullivan found in his research for the book that the ash, which contains arsenic, lead and radioactive materials, was recognized decades earlier by TVA to be toxic.
“There are documents going back to 1964 where TVA’s top brass are telling each other that that they’ve run tests on the coal ash and it contains definite corrosive tendencies. And they also tell each other that this coal ash lands on employee’s cars at one of their plants in Kentucky, and it’s eating away at the paint.”
But Tom Bock, a top safety officer with Jacobs Engineering at the cleanup site in Kingston, claimed that the fly ash – part of the coal as that floats through the air – is “safe enough to eat.”
“I don’t think he, in my personal opinion, carried out his job in the most effective way possible. But I really do think he was taking marching orders. He was a trusted figure, and he was in a position of authority.”
But people started to get sick, the first group being smokers. And then other people started having respiratory issues after the coal ash dried up and started to blow around the job site, affecting other workers. Sullivan dedicates large parts of Valley So Low to these workers and how their lives were upended by simply taking on the cleanup job.
“They start coughing up blood in their truck, they start passing out in the truck. So it really snowballs,” Sullivan says. Eventually, at least 30 workers died who had worked on the cleanup site, and hundreds became sick.
In Valley So Low, lawyer Jim Scott enters the picture on behalf of the workers to file suit against Jacobs Engineering. Sullivan traces all of the legal maneuverings and the challenges that Scott and his team faced against the corporate behemoth that is Jacobs. These led, eventually in 2023, to a settlement offer that the plaintiffs accepted. Sullivan notes that Jacobs denies any wrongdoing.
“It was far too little and way too late — that’s the general view of the workers. Don’t get me wrong — they were glad it was finally over. There was some relief of just like, okay, I can move on with my life.”
“The legal system was not set up to reach an equitable or fair conclusion in these sorts of cases,” Sullivan adds. “The corporations have all the money and honestly, all the time in the world to drag these cases out. So eventually, they have to capitulate. The system does not force these cases to come to speedy resolutions. And that’s to the incredible disadvantage of everyday Americans.”
And Sullivan notes that the EPA should take responsibility as well.
“They had people on site at Kingston, and yet did not ensure that the workers had proper respiratory protection,” he says.
“The EPA has been undercut, you know, bit by bit for so many years that it’s not an effective organ. It’s not effective at these sort of disaster cleanups.”
Hundreds of unlined coal ash dumping sites still exist around the country, leaching into the ground water and rivers. The Duke Energy Dan River coal ash spill also affected the water and rivers in the Dan River, followed by another breach in 2018 near the Cape Fear River, both in North Carolina. But in 2015, new rules stated that new coal ash piles had to have liners to prevent leaching, along with monitoring of groundwater. And then in 2024 the EPA finalized rules that force power companies to clean up their inactive piles of coal ash.
“I think the American people will benefit from both those rules,” Sullivan says. “The problem is that the EPA still does not consider coal ash, fly ash, a hazardous material. So the fact is these EPA rules are self-enforcing. So that means that you have to trust the power company to monitor their own coal ash ponds. And you can read my book and decide for yourself whether you want to trust the power companies to be responsible for managing their coal ash ponds and being honest about it.”
Sullivan writes passionately about the TVA, nothing that it was one of the great liberal public works projects when it was created by FDR, one that rescued Tennessee’s economy and moved customers away from a privatized, corrupted power industry, but that perhaps the TVA has lost its way. But he sees a real opportunity for the TVA to seize the moment and move away from coal-fired plants in the region.
“We need to be urging it to ramp up nuclear power, in addition to other renewable energy sources,” he says. “We could sure use the seven giant nuclear power plants today to help reduce our emissions.”
The post A Flood of Ash: The Fight for Justice in Kingston, Tennessee appeared first on EcoWatch.
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