http://www.huffingtonpost.com/erin-brockovich-and-robin-greenwald/tva-disaster-spreads-far_b_157198.html

TVA Disaster Spreads Far and Wide

By Erin Brockovich and Robin Greenwald
HuffPost: January 13, 2009


As a result of a 1.1 billion gallon spill of contaminated fly ash, there has
been discussion, press reportage and blogging about the environmental
disaster in eastern Tennessee Most of us have seen the pictures -- a 300+
acre area strewn with black and brown muck as far as the eye can see. Houses
lifted off their foundations and thrown across the road, yards filled so
high with ash that people can't leave their homes without stepping in it,
roadways littered with the ash from trucks going to and from the site, and
an eerie still where active life once existed. While this story continues to
unfold -- as more samples are taken that delineate the true toxicity of this
mess, as TVA makes plans to contain and abate the disaster -- there is a
story that has not been told. It is a story that must be told. And that
story is the lives of innocent bystanders that have been turned upside down
by this avoidable disaster.

I learned of this disaster on the news just as we all did. Usually I receive
an email from someone in the community where there has been an environmental
problem. At first, it was all quiet. About 10 days after the tragedy I got
the first email, then another one and another one and another one, and they
kept coming. I also started receiving anonymous tips. It occurred to me that
maybe more was going on than what I could gather from the news. With an
invitation from the community, I decided to make the trip.

Let's be honest. Usually when I am called into an environmental disaster, I
anticipate that industry isn't going to step up to the plate and do what's
right by the people. Lawsuits almost always ensue; it would be foolish for
me to walk into a situation like this without an attorney. Besides, I
consult with two law firms in the United States: Girardi & Keese in Los
Angeles and Weitz & Luxenberg in New York. I traveled to the area with an
attorney, Robin Greenwald from Weitz and Luxenberg, along with some experts.
In many instances such as this disaster, government agencies are absent due
to lack of funds and can only rely on the information that industry gives
them; and industry generally operates under concealment.

When I first arrived on the site, I was pretty quiet. It took a while to
absorb what I was looking at. I knew there was a lake but an entire area was
gone. I kept wondering "Where did the water go?" I couldn't decide if it
looked more like a tornado had gone through, a mudslide, landslide, maybe a
volcano erupted or a tidal wave. It is now a "moonscape." The landscape has
completely changed. It is almost unidentifiable.

Watching TV never gives you an idea of the extent of damage. It's only when
you stand there that you can actually feel the magnitude.

It struck me that I had an unusual taste on my lips and in my mouth. I asked
others if they noticed that, and they did. Some experienced scratchy
throats, respiratory problems, itchy and burning eyes and tasted what one
expert believed to be sulfuric acid. If we were experiencing this much
discomfort after a few minutes, what on earth are the people who live here
feeling?

The other thing that stood out in my mind was how fortunate it was that this
event took place when it did.

What would it have been like had this occurred in the summer during the
middle of the day? Hundreds of people boat on this lake. Children swim and
play in these waters. I was struck by the number of deaths that might have
occurred but didn't.

This corner of Roane County Tennessee is off the beaten path. It is remote,
distant from any main street and city noise. It is easy to see the beauty of
rolling mountains, lakes, rivers, comfortable family homes. It is serene, a
piece of heaven on earth. This was a safe place to raise kids, to teach them
to fish and swim, to enjoy family and have barbecues or sit quietly to watch
the sunset on warm summer nights. I could see why people live there. Over
the past couple of weeks we have had the opportunity to speak with people
about life both before December 22. Life in the Kingston/Harriman area was
idyllic. It was a place people chose as their home. It was a place that,
even if jobs took people away in their youth, they awaited the day they
could return and did so as soon as possible. It is a beautiful place, with
water bodies everywhere. There are green meadows laced among the waters.
These shared memories come to life in the "before" photographs that
residents showed us. The pictures show children diving from docks into the
lake, people canoeing along the rivers, families tubing in the hot summer
sun and children and their dogs walking along the shore. A favorite scene of
many residents is the sunset over the water, with the soft nighttime colors
glistening on the lake. It went from pristine to profaned overnight.

The "after" picture is nothing but a sludge-filled lake, dead fish and miles
and miles of contamination flowing out of control. And what cannot be
captured by photographs is the human toll of this disaster. The child who
wakes up nightly with nightmares; the woman whose cough is so severe she can
hardly speak and has been diagnosed with acute asthma from the ash spill;
the tri-athlete who can no longer train in his environs; the families scared
to death to go outside for fear they breathe in the toxic ash in the air;
people realizing that TVA's recommendation to boil their water before
drinking it in the wake of the disaster was a false comfort and bottled
water, at their own expense, is the only solution for drinking; and the
couple who lives downwind of the disaster who, following walking their dog
on a hilltop on a windy night, suffered severe nose bleeds. This is a very
frightening time for the people of this community. This community is
incredibly brave, but it is also rightfully fearful -- they love their
community, their homes, their environment and they don't want to leave, but
they also don't want to stay at the risk of their health. They want answers
and they can't get them. Many people have the same tale: they call the TVA
hotline for answers and help but no one answers or returns their calls. Why
does this happen? What did they do to deserve such treatment? I can only
imagine the sadness of the families. The whole area looks like a wound on
the land. To heal it, it's going to take more than a band-aid and a squirt
of Bactine.

The next day of my visit we did a fly over of the site, which showed the big
picture. Extending for at least 5 to 6 miles downstream, we could see a
plume of this toxic ash floating down the river, resting on the banks. We
saw the remaining refrigerator and patch of roof where the now demolished
house once stood. We saw a child's trampoline, once in someone's backyard,
now buried in TVA's toxic sludge. We saw miles of ash, still traveling down
river, contaminating riverbanks along the way. In truth, there are no words
to describe the scenes of devastation from this disaster. The pictures are
powerful, but they simply cannot capture the panorama of devastation. This
was a sludge tsunami -- but one caused by corporate neglect, not natural
occurrences. And what it left behind from this tsunami are mounds of toxic
rubble where a lake once existed, where rivers flow and where children used
to play.

We all wonder what will happen to the ecosystem: the fish and wildlife. The
human life. How far reaching is this event? What does the future hold for
the public health and safety? Overnight a whole community's lifestyle is
gone.

It is bad enough that TVA mismanaged this 50+ year old waste pile of coal
ash. But to put salt in the wounds of its neighbors by failing to provide
critically important answers and aid is incomprehensible. TVA should have
mobilized hundreds of medical experts to go to peoples' homes and answer
their questions. They need to be honest and transparent about their
knowledge of the make-up of the sludge, what they plan to do with it and how
they intend to return life to what it used to be, if that is even possible.
TVA should have a hotline that is manned sufficiently so that no one is ever
put on hold or, worse yet, not answered at all. The residents of this
community deserve to be treated with honesty and respect, and that is not
happening. Even local elected officials are letting residents down, spending
their time telling residents not to work with attorneys instead of camping
outside TVA's doors demanding honest and fast answers to critically
important health questions. As you know, we work on the legal side. While we
cannot fully appreciate the pain and fear of those who are living the fall
out of this disaster on a daily basis, we saw and heard enough to understand
that our presence and our voice is critically important to ensure that this
community is treated fairly and provided the truth about the present
situation and their future. We will continue to aid this community as it
struggles through the haze that TVA has created and continues to fuel.

So many questions come to mind but there aren't any answers. My motto has
become "Prevention rather than Rescue."

Hindsight always shows how these tragedies could have been prevented. If
history teaches us anything, it shows us that yesterday is our "crystal
ball." In the now famous case, Pacific Gas and Electric knew that their
contamination was affecting innocent people yet did nothing but try to
convince people that the poison was good for them.

If TVA knew of leaks years before this disaster and sat and waited, is
"oops" we're sorry" going to be enough?

The infrastructure handling coal fly ash in the U.S. is old and needs to be
replaced. Can we worry about the cost of replacing the old with the new when
health and safety and the environment depends on it? We can see that
contamination moves through air, land and water. Can we sit back and wait
for communities to get sick when we can prevent it now?

Science usually lags behind the law. But in this case, law lags behind
science because coal fly ash handling is not regulated as it should be. And
we have a pretty good grasp on the fact that Coal Fly Ash is not healthy.

A poison is a poison. It certainly can't be good for you. Does anyone
believe that the arsenic in the fly ash along with other heavy metals won't
leech into the groundwater? 5.4 million cubic yards of toxic compounds
unleashed into the garden. We don't need a crystal ball to see the rough
road ahead.



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