Class action lawsuit filed by Bokoshe residents
A group of concernedcitizens from Bokoshefiled a class action lawsuitin LeFlore CountyDistrict Court againstAES Shady Point andmore than 20 other defendantsregarding what theyclaim are toxins from flyash. The suit is demandinga jury trial as well ascompensatory and punitivedamages.The suit was filed onOctober 6 by Clark O.Brewster, of Tulsa; HarlanE. Hentges, of Edmondand J. Randall Miller ofTulsa on behalf of sixnamed plaintiffs. Thosenamed as plaintiffs in thesuit are William Reese,Diane Reese, Herman“Dub” Tolbert, TimTanksley, Susan Holmesand Charles Tackett. Thesuit, however, states in allreferences to the namedplaintiffs “and similarlysituated persons.” It goeson to say that citizens,residents or property ownerswithin a three mileradius of the coal ash andproduced water disposalpit could be named as aplaintiff as well as anyonewith property who resideswithin 1,000 yards of thecoal ash transport routebetween AES Shady Pointand the coal ash disposalsite.Named as defendantsalong with AES and AESShady Point is MMHF,LLC, which is the nameof the reclamation sitewhere the fly ash is taken,Thumbs up Ranch, DarylJackson, Kevin Jackson,GCI Mining, MountainMinerals, Inc., Big MacTank Trucks, Inc., A & ATank Truck Company,Bishop Trucking andWelding, LLC, BearProductions, Inc., TRCServices, LLC, GracoFishing & Rental Tools,Inc., Total Oilfield PipeServices, Inc., West ArkOilfield Services, LLC,Arkoma Services, EasternTank Service, Inc., QuickTransport of Arkansas,LLC, TXD Transport, LP,Triple Transport, Inc. andMike KrebbsConstruction, Inc.,The group claims thatthe action is being broughtbecause the defendantscreated a “noxious andharmful nuisance” whichpolluted the water, landand air around the site.They claim it has causedtheir property values todecline, hurt businessinterest, and caused personalinjury to the plaintiffs.The suit sees injunctiverelief in the form of prohibitingadditional wastematerial from being transportedand disposed of atthe facility, clean up ofthe existing waste materialand the contaminatedair soil and waters of theBokoshe community.Monitoring of air quality,soil quality and waterquality on the property ofthe plaintiffs as well as medical monitoring of theplaintiffs and compensation for the various forms ofdamages to property and persons caused by theDefendants actions and omissions. The suit specificallyasks for, in excess of $75,000 in compensatorydamages and in excess of $75,000 in punitive damagesfor each of the plaintiffs.AES Shady Point said they were unaware of the suituntil Friday when they were contacted by PDN.“AES Shady Point received a copy of the filing latethis Friday afternoon and we are in the process ofreviewing the document but cannot comment on thefiling until our review is complete.” Lundy Kiger,Director of Government and Community Relations,AES Shady Point.See additional coverage of the suit in the Tuesdayedition of PDN.