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Class action lawsuit filed by Bokoshe residents

October 17, 2011

Estimates show there could be as many as 450 plaintiffs eligible to join the suit

A group of concerned
citizens from Bokoshe
filed a class action lawsuit
in LeFlore County
District Court against
AES Shady Point and
more than 20 other defendants
regarding what they
claim are toxins from fly
ash. The suit is demanding
a jury trial as well as
compensatory and punitive
The suit was filed on
October 6 by Clark O.
Brewster, of Tulsa; Harlan
E. Hentges, of Edmond
and J. Randall Miller of
Tulsa on behalf of six
named plaintiffs. Those
named as plaintiffs in the
suit are William Reese,
Diane Reese, Herman
“Dub” Tolbert, Tim
Tanksley, Susan Holmes
and Charles Tackett. The
suit, however, states in all
references to the named
plaintiffs “and similarly
situated persons.” It goes
on to say that citizens,
residents or property owners
within a three mile
radius of the coal ash and
produced water disposal
pit could be named as a
plaintiff as well as anyone
with property who resides
within 1,000 yards of the
coal ash transport route
between AES Shady Point
and the coal ash disposal
Named as defendants
along with AES and AES
Shady Point is MMHF,
LLC, which is the name
of the reclamation site
where the fly ash is taken,
Thumbs up Ranch, Daryl
Jackson, Kevin Jackson,
GCI Mining, Mountain
Minerals, Inc., Big Mac
Tank Trucks, Inc., A & A
Tank Truck Company,
Bishop Trucking and
Welding, LLC, Bear
Productions, Inc., TRC
Services, LLC, Graco
Fishing & Rental Tools,
Inc., Total Oilfield Pipe
Services, Inc., West Ark
Oilfield Services, LLC,
Arkoma Services, Eastern
Tank Service, Inc., Quick
Transport of Arkansas,
LLC, TXD Transport, LP,
Triple Transport, Inc. and
Mike Krebbs
Construction, Inc.,
The group claims that
the action is being brought
because the defendants
created a “noxious and
harmful nuisance” which
polluted the water, land
and air around the site.
They claim it has caused
their property values to
decline, hurt business
interest, and caused personal
injury to the plaintiffs.
The suit sees injunctive
relief in the form of prohibiting
additional waste
material from being transported
and disposed of at
the facility, clean up of
the existing waste material
and the contaminated
air soil and waters of the
Bokoshe community.
Monitoring of air quality,
soil quality and water
quality on the property of
the plaintiffs as well as medical monitoring of the
plaintiffs and compensation for the various forms of
damages to property and persons caused by the
Defendants actions and omissions. The suit specifically
asks for, in excess of $75,000 in compensatory
damages and in excess of $75,000 in punitive damages
for each of the plaintiffs.
AES Shady Point said they were unaware of the suit
until Friday when they were contacted by PDN.
“AES Shady Point received a copy of the filing late
this Friday afternoon and we are in the process of
reviewing the document but cannot comment on the
filing until our review is complete.” Lundy Kiger,
Director of Government and Community Relations,
AES Shady Point.
See additional coverage of the suit in the Tuesday
edition of PDN.

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