RTT attorney Steve Moon, part of our Environment Litigation Practice Group, presented a paper on coal ash litigation at the International Cement Microscopy Association’s annual conference last month. The beneficial use of coal ash is an important component of the modern cement industry and is used in many other areas of the construction industry (see http://www.acaa-usa.org/   and http://www.epa.gov/wastes/partnerships/c2p2/pubs/greenbk508.pdf (PDF)).

Coal ash, like many natural materials, can contain potentially harmful substances such as heavy metals (see http://en.wikipedia.org/wiki/Fly_ash ). However, again like many natural products, proper handling and use of coal ash creates useful, safe products (and the collateral benefit of reducing waste). Concerns with the use of coal ash came to the forefront with the TVA-Kingston incident in December 2008 when the dam for a coal ash slurry pond ruptured. (see http://en.wikipedia.org/wiki/Kingston_Fossil_Plant_coal_fly_ash_slurry_spill and http://www.tva.gov/kingston/index.htm) Although this incident involved the storage of coal ash, concerns about the potential toxins has lead to broader questions about the use of coal ash.