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	<title>Yourlawyer.com (Accidents News)</title>
	<link>http://www.yourlawyer.com/practice_area/accidents</link>
	<description></description>
	<pubDate>Sat, 21 Nov 2009 05:16:24 -0800</pubDate>

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		<title>Puerto Rico Explosion Investigation Points To Defective Fuel Monitor</title>
		<link>http://www.yourlawyer.com/articles/read/17306</link>		
		<pubDate>Fri, 20 Nov 2009 00:00:00 -0800</pubDate>
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		<description><![CDATA[The U.S. Chemical Safety Board (CSB) announced that a malfunctioning fuel monitoring system probably led to the massive explosion at a Caribbean Petroleum Corporation facility near San Juan, Puerto Rico.The October 23 blast endangered the lives of thousands and ignited an immense blaze that fed on jet fuel, bunker fuel, and gasoline stored at the facility. Plumes of thick, black smoke filled the air with hazardous contaminants, including carbon...]]></description>
			<content:encoded><![CDATA[The U.S. Chemical Safety Board (CSB) announced that a malfunctioning fuel monitoring system probably led to the massive <a href="http://www.oil-refinery-accidents-lawyer.com/index.html">explosion at a Caribbean Petroleum Corporation facility near San Juan, Puerto Rico.</a><br /><br />The October 23 blast endangered the lives of thousands and ignited an immense blaze that fed on jet fuel, bunker fuel, and gasoline stored at the facility. Plumes of thick, black smoke filled the air with hazardous contaminants, including carbon monoxide and sulfur; winds spread the toxins throughout San Juan and adjacent municipalities, exposing thousands and displacing over 1,500 people. The situation was no better for those forced to remain inside with windows closed to keep out the toxins.<br /><br />It seems that one of the depot&rsquo;s 40 tanks was accidentally overfilled with gasoline from a ship docked in the San Juan harbor, reported Reuters. The error appeared to have been a result of a faulty monitoring system, which led to the explosion, said <a href="http://www.chemsafety.gov/newsroom/detail.aspx?nid=295">CSB </a>officials. Depot employees did not notice the problem because the depot&rsquo;s computerized level monitoring system was not working properly, explained Reuters. Gasoline spilled from the tank, evaporated, spread across the facility, and resulted in a 2,000-foot vapor cloud, said Reuters. Once the vapor reached an &ldquo;ignition source,&rdquo; the blast occurred and the flames followed, added Reuters.<br /><br />The Puerto Rico Seismic Network reported that the blast produced a shock wave equivalent to a 2.8 magnitude earthquake and was so strong that it tore up a highway, and shattered windows on nearby homes. Twenty-one of 40 tanks at the facility used to store jet fuel, bunker fuel, and gasoline were destroyed or damaged by the fire. There were no reported fatalities, but two people were injured, and many evacuees suffered from respiratory illnesses. The explosion decimated homes and businesses and the toll on environmental damage is still being assessed, said Reuters. Firefighters worked to stop the fire for three days, reported Reuters. It may be years before the health consequences become completely apparent.<br /><br />&quot;The filling of a tank without a functioning monitoring system is the type of activity the CSB will be examining very closely,&quot; Investigator-in-Charge Jeffrey Wanko said, quoted Reuters. &quot;The CSB will conduct a thorough and comprehensive investigation of this accident. Our team will uncover exactly what events led to an explosion of this magnitude. Our goal is to determine not only what happened, but why it happened,&quot; CSB board member William Wright said, quoted Reuters.<br /><br />In 2000, a Caribbean Petroleum refinery was shut down as well as a tank farm where gasoline, diesel fuel, jet fuel, and crude oil were stored. Also, we recently wrote that Caribbean Petroleum has a spotty environmental record. According to The Miami Herald, over the last ten years, Caribbean Petroleum Corp. has been cited for major environmental violations that have cost it a total of $1.3 million in penalties and fines. And, according to a prior Miami Herald report, the Occupational Safety and Health Administration (OSHA) had not inspected the facility since 2000. Since 1990, the National Response Center, an entity that reports oil, chemical, radiological, and biological spills, recorded at least 25 oil spills at Caribbean Petroleum facilities.<br /><br />Despite its long record of environmental violations involving penalties and fines for leaking hazardous waste in the water, air and soil, Caribbean Petroleum has been allowed to run for nearly a decade without safety inspections or an emergency community disaster plan, in violation of federal law, the Herald said.<br /><br />]]></content:encoded>
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		<title>2 Dead in Minnesota Casino Bus Crash</title>
		<link>http://www.yourlawyer.com/articles/read/17303</link>		
		<pubDate>Thu, 19 Nov 2009 00:00:00 -0800</pubDate>
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		<guid isPermaLink="false">http://www.yourlawyer.com/articles/read/17303</guid>
		<description><![CDATA[A fatal bus crash on I-90 in Minnesota killed two women and injured more than a dozen others.&nbsp; According to a report on StarTribune.com, it could be weeks before the cause of the bus accident is known.According to the Minnesota Department of Public Safety, the bus crash occurred about 3:20 p.m about2 miles west of Austin.&nbsp; The bus crossed the median and the westbound lanes. It ended up in the ditch, where it flipped over, landing with...]]></description>
			<content:encoded><![CDATA[<a href="http://www.yourlawyer.com/topics/overview/bus_accidents">A fatal bus crash</a> on I-90 in Minnesota killed two women and injured more than a dozen others.&nbsp; According to a report on StarTribune.com, it could be weeks before the cause of the bus accident is known.<br /><br />According to the <a href="http://www.dps.state.mn.us/">Minnesota Department of Public Safety</a>, the bus crash occurred about 3:20 p.m about2 miles west of Austin.&nbsp; The bus crossed the median and the westbound lanes. It ended up in the ditch, where it flipped over, landing with the door side down.&nbsp; There was no construction going on in the area of the accident and weather was not a factor.&nbsp; <br /><br />The bus, which was owned by&nbsp; Strain Tours bus company of Rochester, Minnesota, was headed back from a casino in Northwood, Iowa.&nbsp; The casino trip was a weekly event.<br /><br />StarTribune.com is reporting that the driver of the bus suffered a ruptured aneurysm in his chest, causing him to lose consciousness.&nbsp; However, the Minnesota State Patrol has not confirmed this.&nbsp; The driver has been interviewed by police, but they aren't saying yet what he told them.<br /><br />Pamela S. Holmquist, 56, of Kasson, and Rhonda R. Hill, 52, of Plainview&nbsp; died as a result of the crash.&nbsp; Ten passengers were hospitalized with non-life-threatening injuries, and eight were treated and released at area hospitals.&nbsp; Only one passenger escaped injury.<br /><br />According to StarTribune.com,&nbsp; I-90 was shut down in both directions immediately after the crash.. Eastbound traffic resumed about 8 p.m., while the westbound lanes reopened before 10 p.m.<br /><br />Commercial vehicle inspectors and reconstruction specialists will begin an investigation today, but it likely will be several weeks before it is known what caused the accident.<br /><br />According to the Federal Motor Carrier Safety Administration, Strain Tours has reported no crashes in the past 24 months. But StarTribune.com is reporting that Bold Lines, the corporate name of the bus company, paid $20,000 to settle an enforcement case over drug testing for drivers.&nbsp; It also paid $300 to settle a case over driver duty times and recordkeeping.&nbsp; The Federal Motor Carrier Safety Administration has&nbsp; also advised roadside inspectors to inspect the company's vehicles because of safety concerns, StarTribune.com said.<br /><br />]]></content:encoded>
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		<title>TVA Says 2/3rds of Coal Ash from Last Year's Spill Cleaned Up</title>
		<link>http://www.yourlawyer.com/articles/read/17288</link>		
		<pubDate>Tue, 17 Nov 2009 00:00:00 -0800</pubDate>
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		<guid isPermaLink="false">http://www.yourlawyer.com/articles/read/17288</guid>
		<description><![CDATA[The Tennessee Valley Authority (TVA) is stating that most of the coal ash &ldquo;deemed critical&rdquo; following last year&rsquo;s historic spill, has been cleaned up, said WDEF. The authority said some two-thirds of the &ldquo;critical&rdquo; spill has been cleaned out of the Emory RiverThe catastrophic fly ash spill took place last December and released an unimaginable 5.4 million cubic yards of toxic coal sludge, dumping toxins into...]]></description>
			<content:encoded><![CDATA[The <a href="http://www.yourlawyer.com/topics/overview/Tennessee_Fly_Ash_Spill">Tennessee Valley Authorit</a>y (TVA) is stating that most of the coal ash &ldquo;deemed critical&rdquo; following last year&rsquo;s historic spill, has been cleaned up, said WDEF. The authority said some two-thirds of the &ldquo;critical&rdquo; spill has been cleaned out of the Emory River<br /><br />The catastrophic fly ash spill took place last December and released an unimaginable 5.4 million cubic yards of toxic coal sludge, dumping toxins into Tennessee&rsquo;s Emory and Clinch rivers and the 300 acres surrounding the TVA&rsquo;s Kingston plant. An <a href="http://www.epa.gov/">Environmental Protection Agency</a> (EPA) report states that some &ldquo;potentially toxic pollutants,&rdquo; such as mercury and arsenic, found in coal ash, could present serious problems.<br /><br />Mike Scott, the recovery project&rsquo;s operations manager said, speaking to Chattanooga's Engineers club, &quot;We had some heavy rains earlier after the spill had occurred which put some of the ash and washed it further down river which is one of the reasons why we're trying so hard to get it out before the Spring come next year,&quot; quoted WDEF. According to Scott, three million cubic yards of the 5.4 million cubic yards of fly ash were labeled &quot;critical,&quot; and should be fully cleaned up by spring 2010, reported WDEF.<br /><br />Earlier this year we wrote about how information pointing to &ldquo;significantly higher cancer risks&rdquo; for those living near coal-fired power plant ash dumps was allegedly covered up by the recent Bush Administration, citing a report by EnvironmentalIntegrity.org. The massive TVA spill involved over one billion gallons of toxic coal sludge and ravaged the environment, the economy, and the lives and health of the families, wildlife, and aquatic life living in the area. KnoxNews previously noted that the toxic sludge destroyed three homes and damaged about two-dozen others. The report also states that the pollutants can converge in considerable quantities, which are released into waterways or groundwater, said the Tennessean. <br /><br />Numerous studies have concluded that coal dumps leach dangerous toxins into the environment that can cause cancer, birth defects, and other serious health outcomes in water and wildlife populations, including frightening guarantees of developing cancer from drinking contaminated water and suffering damage to the liver, kidney, lungs and other organs from toxic metal exposure, such as cadmium, cobalt, lead, and other pollutants far above levels considered safe,&rdquo; said Environmental Integrity. The group noted that the danger to wildlife and ecosystems is &ldquo;off the charts, with one contaminant&mdash;boron&mdash;expected to leach into the environment at levels two thousand times thresholds generally considered to be safe.&rdquo;<br /><br />The report also discusses cases in which the toxin has killed aquatic wildlife, contaminated wells, and adversely affected wildlife, reported the Tennessean, with the causes linked to coal ash wastewater. The waste has been both accidentally and &ldquo;routinely&rdquo; released as a result of coal-fired plant daily operations, the Tennessean noted. &ldquo;Many of the common pollutants found in coal combustion wastewater (e.g., selenium, mercury, and arsenic) are known to cause environmental harm and can potentially represent a human health risk,&rdquo; said the report, quoted the Tennessean.<br /><br />]]></content:encoded>
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		<title>Forum on Silver Eagle Refinery Blasts Yields Few Answers</title>
		<link>http://www.yourlawyer.com/articles/read/17271</link>		
		<pubDate>Thu, 12 Nov 2009 00:00:00 -0800</pubDate>
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		<guid isPermaLink="false">http://www.yourlawyer.com/articles/read/17271</guid>
		<description><![CDATA[At a meeting to discuss last week's Silver Eagle Refinery explosion in Woods Cross, Utah, city officials said there was little they could do to regulate the facility. However, City Administrator Gary Uresk&nbsp; told an audience of&nbsp; about 200 that the city would work with the Occupational Safety and Health Administration (OSHA) or U.S. Chemical Safety Board to press for more oversight and safety.Last Wednesday's explosion at the Silver...]]></description>
			<content:encoded><![CDATA[At a meeting to discuss last week's <a href="http://www.yourlawyer.com/topics/overview/Silver-Eagle-Refinery-Explosion">Silver Eagle Refinery explosion</a> in Woods Cross, Utah, city officials said there was little they could do to regulate the facility. However, City Administrator Gary Uresk&nbsp; told an audience of&nbsp; about 200 that the city would work with the Occupational Safety and Health Administration (OSHA) or U.S. Chemical Safety Board to press for more oversight and safety.<br /><br />Last Wednesday's explosion at the Silver Eagle refinery occurred shortly after 9:00 a.m. MST, sparking a fire at the 10,250 barrel-per-day refinery, located just outside of Salt Lake City in Woods Cross, that burned until later that day. The blast created a huge fireball, which sent flames as high as 100 feet in the air. At least 10 homes sustained damage, and some were knocked off their foundations from the force of the explosion. Other damage to property included smashed windows, bent garage doors and peeled siding.<br /><br />A team from the <a href="http://www.chemsafety.gov/">U.S. Chemical Safety Board</a> has determined that the cause of the latest accident at the Silver Eagle Refinery was a &ldquo;catastrophic failure&rdquo; of a 10-inch pipe that contained more than 600 lbs of pressurized hydrogen. It is not yet known why the pipe suffered such a failure. Refineries are supposed to monitor the integrity of piping, and investigators said they would inquire whether that monitoring occurred at Silver Eagle. <br /><br />As we've reported previously, Silver Eagle has had other problems recently. On January 12, a large vapor cloud&nbsp; that was released from a petroleum storage tank ignited, causing a massive flash fire. The storage tank continued to burn for a number of hours, leading to widespread evacuations in Woods Cross. Two refinery operators and two contractors, who were standing in a shed more than 230ft from the tank, were engulfed by the flame front and suffered serious burns. The January 12 fire is still under investigation.<br /><br />A current inspection report from the OSHA Web site lists four &ldquo;serious&rdquo; violations related to the January fire. In 2005, OSHA cited the facility for 10 &ldquo;serious&rdquo; violations in 2005, and assigned a &ldquo;gravity&rdquo; rating of 10 to one, meaning it carried the highest possible risk to workers&rsquo; safety.&nbsp; Silver Eagle also received two other &ldquo;serious&rdquo; violations in 2004, and one in 2002. OSHA records indicated that since April 2002, the facility has been cited for 23 violations overall.<br /><br />According to a report in the Salt Lake Tribune, some Woods Cross residents expressed surprise during this week's meeting when they were told the city could do little to regulate Silver Eagle.&nbsp; At least one attendee told the Tribune that the information disseminated at the forum did not make him feel any safer.<br /><br />Others in the audience questioned why the city allowed a residential development to be built so close to the Silver Eagle Refinery.&nbsp; Some homes in Woods Cross were separated from the refinery by only a sound wall and railroad track. The neighborhood directly east of the Silver Eagle Refinery was hardest hit by the blast<br /><br />According to the Salt Lake Tribune, the city's own engineering report had recommended following Housing and Urban Development standards that would have placed homes roughly 475 to 750 feet away from potentially unsafe storage areas. But, a developer-commissioned study, which the city ultimately followed,&nbsp; said homes should be 175 feet away based on the International Fire Code.<br /><br />Some residents suggested&nbsp; making a buffer area between the refinery and the adjacent subdivision larger. Others propose making a wall between the homes and the refinery taller.<br /><br />]]></content:encoded>
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		<title>Company in Puerto Rico Oil Explosion Has Record of Environmental Violations</title>
		<link>http://www.yourlawyer.com/articles/read/17264</link>		
		<pubDate>Wed, 11 Nov 2009 00:00:00 -0800</pubDate>
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		<guid isPermaLink="false">http://www.yourlawyer.com/articles/read/17264</guid>
		<description><![CDATA[Caribbean Petroleum Corp., the company at the center of a massive explosion and fire in Puerto Rico last month, has a spotty environmental record.&nbsp; According to The Miami Herald, over the last ten years, Caribbean Petroleum Corp. has been cited for major environmental violations that have cost it a total of $1.3 million in penalties and fines.The Caribbean Petroleum Corp. explosion occurred around 12:30 a.m. on October 23 at the...]]></description>
			<content:encoded><![CDATA[Caribbean Petroleum Corp., the company at the center of a <a href="http://www.oil-refinery-accidents-lawyer.com/">massive explosion and fire in Puerto Rico</a> last month, has a spotty environmental record.&nbsp; According to The Miami Herald, over the last ten years, Caribbean Petroleum Corp. has been cited for major environmental violations that have cost it a total of $1.3 million in penalties and fines.<br /><br />The Caribbean Petroleum Corp. explosion occurred around 12:30 a.m. on October 23 at the company&rsquo;s gasoline warehouse and distribution center in Catano, just outside of San Juan. According to the Puerto Rico Seismic Network, the blast produced a shock wave equivalent to a 2.8 magnitude earthquake. The explosion was so strong that it tore up a nearby highway, and shattered windows on nearby homes. Twenty-one of 40 tanks at the facility used to store jet fuel, bunker fuel and gasoline were destroyed or damaged by the fire.<br /><br />Two people were injured as a result of the explosion. The fire, which burned for nearly three days, produced plumes of thick, black smoke that filled the air with hazardous contaminants, including carbon monoxide and sulfur. Prevailing winds spread these contaminants to several areas of San Juan and adjacent municipalities, including Catano, Levittown, Toa Baja and Bayamon, exposing thousands to toxic fumes.<br /><br />More than 1,500 people were evacuated. Many evacuees, some of whom were suffering from respiratory illnesses, were unable to return for several days. Many businesses were also forced to close. Residents of San Juan and the surrounding area were advised to keep windows shut and to stay indoors.<br /><br />According to The Miami Herald, the Caribbean Petroleum facility in last month's explosion had not been inspected by the <a href="http://www.osha.gov/">Occupational Safety and Health Administration</a> since 2000.&nbsp; Since 1990, the National Response Center, an entity that reports oil, chemical, radiological, and biological spills, has recorded at least 25 oil spills&nbsp; at Caribbean Petroleum facilities.&nbsp; Yet despite its long record of environmental violations involving penalties and fines for leaking hazardous waste in the water, air and soil,&nbsp; Caribbean Petroleum has been allowed to run for nearly a decade without safety inspections or an emergency community disaster plan, in violation of federal law, the Herald said. <br /><br />The U.S. Chemical Safety and Hazard Board is still investigating last month's explosion.&nbsp; A criminal act has been rule out as a cause, and the probe is now focusing on possible negligence and human error.<br /><br />]]></content:encoded>
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		<title>Silver Eagle Refinery Blast Only Latest Accident at Utah Facility</title>
		<link>http://www.yourlawyer.com/articles/read/17257</link>		
		<pubDate>Tue, 10 Nov 2009 00:00:00 -0800</pubDate>
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		<guid isPermaLink="false">http://www.yourlawyer.com/articles/read/17257</guid>
		<description><![CDATA[The explosion that rocked the Silver Eagle Refinery in Utah last week was the second serious accident at the facility this year.&nbsp; The first incident, a flash fire that occurred on January 12,&nbsp; seriously injured four people at the Silver Eagle Refinery.Luckily, no one was injured in last Wednesday's Silver Eagle Refinery explosion, but the blast caused severe damage to nearby homes.&nbsp; The explosion occurred shortly after 9:00 a.m....]]></description>
			<content:encoded><![CDATA[The explosion that rocked the <a href="http://www.yourlawyer.com/topics/overview/Silver-Eagle-Refinery-Explosion">Silver Eagle Refinery</a> in Utah last week was the second serious accident at the facility this year.&nbsp; The first incident, a flash fire that occurred on January 12,&nbsp; seriously injured four people at the Silver Eagle Refinery.<br /><br />Luckily, no one was injured in last Wednesday's Silver Eagle Refinery explosion, but the blast caused severe damage to nearby homes.&nbsp; The explosion occurred shortly after 9:00 a.m. MST, sparking a fire at the 10,250 barrel-per-day refinery, located just outside of Salt Lake City in Woods Cross, that burned until later that day.&nbsp; The blast created a huge fireball, which sent flames as high as 100 feet in the air.&nbsp; At least 10 homes sustained damage, and some were knocked off their foundations from the force of the explosion. Other damage to property included smashed windows, bent garage doors and peeled siding.<br /><br />A team from the <a href="http://www.chemsafety.gov/">U.S. Chemical Safety Board</a> has determined that the cause of the latest accident at the Silver Eagle Refinery was a &quot;catastrophic failure&quot; of a 10-inch pipe that contained more than 600 lbs of pressurized hydrogen.&nbsp;&nbsp;&nbsp; It is not yet known why the pipe suffered such a failure. Refineries are supposed to monitor the integrity of piping, and investigators said they would inquire whether that monitoring occurred at Silver Eagle.&nbsp; &nbsp;<br /><br />The U.S. Chemical Safety Board is still investigating the flash fire that occurred at Silver Eagle on the evening of January 12,&nbsp; when a large vapor cloud was released from a petroleum storage tank. The cloud was ignited, causing a massive flash fire. The storage tank continued to burn for a number of hours. &nbsp;<br /><br />That fire led to widespread evacuations in Woods Cross.&nbsp; Two refinery operators and two contractors, who were standing in a shed more than 230ft from the tank, were engulfed by the flame front and suffered serious burns. <br /><br />The January 12 fire is still under investigation.&nbsp; A current inspection report from the U.S. Occupational Safety and Health Administration (OSHA) Web site lists four &quot;serious&quot; violations related to the fire.<br /><br />According to The Deseret News, there have been other safety problems at the Silver Eagle Refinery.&nbsp; In fact,&nbsp; in 2005, OSHA cited the facility for 10 &quot;serious&quot; violations in 2005, and assigned a &quot;gravity&quot; rating of 10 to one, meaning it carried the highest possible risk to workers' safety. The violation concerned &quot;process safety management of hazardous chemicals,&quot; and OSHA initially assigned a penalty of $3,000. The issue was informally settled in March 2007, with the company paying a fine of $2,000, Deseret News said.<br /><br />Silver Eagle also received two other &quot;serious&quot; violations in 2004, and one in 2002.&nbsp; According to The Desert News, OSHA records indicated that since April 2002, the facility has been cited for 23 violations overall.<br /><br />]]></content:encoded>
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		<title>Toyota In Trouble For Denying Defect</title>
		<link>http://www.yourlawyer.com/articles/read/17235</link>		
		<pubDate>Thu, 05 Nov 2009 00:00:00 -0800</pubDate>
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		<guid isPermaLink="false">http://www.yourlawyer.com/articles/read/17235</guid>
		<description><![CDATA[Despite a well-publicized accident involving the deaths of a family and a number of its own investigations, the National Highway Traffic Safety Administration (NHTSA), denies claims that it did not find any defects regarding a huge automobile recall and &ldquo;unintended acceleration,&rdquo; said the LATimes.The regulators have criticized the Toyota Motor Corporation for making &ldquo;inaccurate and misleading&rdquo; statements claiming there...]]></description>
			<content:encoded><![CDATA[<p>Despite a well-publicized <a href="http://www.yourlawyer.com/practice_areas/accidents">accident</a> involving the deaths of a family and a number of its own investigations, the <a href="http://www.nhtsa.dot.gov/">National Highway Traffic Safety Administration</a> (NHTSA), denies claims that it did not find any defects regarding a huge automobile recall and &ldquo;unintended acceleration,&rdquo; said the LATimes.</p><p>The regulators have criticized the Toyota Motor Corporation for making &ldquo;inaccurate and misleading&rdquo; statements claiming there was no defect in the nearly four million cars that were recalled following an accident in California that involved a loaner Lexus and the deaths of four family members, said the LATimes. Yesterday, the NHTSA stated that the cars involved in the recall&mdash;Toyota and Lexus vehicles&mdash;contain an &ldquo;underlying defect&rdquo; that involves the cars&rsquo; accelerator pedal and driver&rsquo;s side foot well, said the LATimes. Toyota maintains that the issue is with an &ldquo;improperly installed floor mat.&rdquo;</p><p>The fatal crash August 28 involved off-duty California Highway Patrol Officer Mark Saylor (45); his wife, Cleofe (45); Mahala, their 13-year-old daughter; and Chris Lastrella (38), their brother-in-law; all four perished, said Detroit News previously. Details of the chilling accident that prompted the NHTSA to investigate the crash include the 2009 Lexus plummeting over an embankment and bursting into flames. The family was able to contact a 911 operator, saying they were unable to stop the ES 350; Lastrella advised the operator that the Lexus had no brakes. Most poignantly, the 911 tape, recently made public, included the family asking one another to pray at the recording&rsquo;s end, just before their deaths, said Detroit News.</p><p>In recall notices mailed this week, the auto giant is urging consumers to remove driver&rsquo;s-side mats; Toyota also issued a statement this week stating that the letter &quot;confirms that no defect exists in vehicles in which the driver's floor mat is compatible with the vehicle and properly secured,&quot; quoted the LATimes. Also, Toyota issued a video statement disagreeing with media claims that unintended acceleration could be attributable to mechanical issues, said the LATimes.</p><p>The denials provoked the NHTSA statement. &quot;Safety is the No. 1 priority for NHTSA and this is why officials are working with Toyota to find the right way to fix this very dangerous problem&hellip;. This matter is not closed until Toyota has effectively addressed the defect by providing a suitable vehicle-based solution,&quot; the LATimes quoted.</p><p>Recently, the LATimes wrote that a federal report found that there exists a potential defect in the design of the car&rsquo;s gas pedal. The debacle also involves an earlier recall, a serious government-issued warning, and 11 NHTSA investigations. Toyota finally agreed to issue a massive recall&mdash;its largest ever&mdash;of nearly four million of its vehicles following the horrific Saylor family deaths, but continues to maintain that an improperly floor mat was to blame.</p><p>Federal highway safety inspectors recently released details of that deadly crash including a finding that, reported the LATimes previously, involves a gas pedal design in the Lexus ES 350 sedan that actually increases the likelihood of the pedal being &ldquo;obstructed&rdquo; by a car&rsquo;s floor mat. Including the California fatalities, the NHTSA received 100 complaints involving 17 crashes and five deaths, said Detroit News previously. One-third involved the Lexus ES 350, the Free Press said earlier.</p><p>A Times review of NHTSA documents in an other Lexus investigation indicated that the agency &ldquo;found that the Lexus ES braking system loses power-assist when the throttle is fully opened, increasing braking distance five-fold,&rdquo; reported the LATimes. The recent report says, &ldquo;Beyond the main pivot, the lever is not hinged and has no means for relieving forces caused by interferences,&rdquo; quoted the LATimes, citing investigators. The report also revealed that the gas pedal&rsquo;s lower edge was &ldquo;bonded&rdquo; to the rubber floor mat that also reveals floor mat damage in the area surrounding the accelerator.<br /></p>]]></content:encoded>
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		<title>Puerto Rico Oil Explosion Not a Crime, FBI Says</title>
		<link>http://www.yourlawyer.com/articles/read/17211</link>		
		<pubDate>Mon, 02 Nov 2009 00:00:00 -0800</pubDate>
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		<guid isPermaLink="false">http://www.yourlawyer.com/articles/read/17211</guid>
		<description><![CDATA[The massive explosion and fire at the Caribbean Petroleum&nbsp; Corp. storage facility outside San Juan, Puerto Rico last month was not an act of sabotage or a crime.&nbsp; According to the FBI, a fuel leak sparked the inferno.The Caribbean Petroleum Corp. explosion occurred around 12:30 a.m. on October 23&nbsp; at the company&rsquo;s gasoline warehouse and distribution center in Catano, just outside of San Juan. According to the Puerto Rico...]]></description>
			<content:encoded><![CDATA[The <a href="http://www.oil-refinery-accidents-lawyer.com/">massive explosion and fire at the Caribbean Petroleum&nbsp; Corp.</a> storage facility outside San Juan, Puerto Rico last month was not an act of sabotage or a crime.&nbsp; According to the FBI, a fuel leak sparked the inferno.<br /><br />The Caribbean Petroleum Corp. explosion occurred around 12:30 a.m. on October 23&nbsp; at the company&rsquo;s gasoline warehouse and distribution center in Catano, just outside of San Juan. According to the Puerto Rico Seismic Network, the blast produced a shock wave equivalent to a 2.8 magnitude earthquake. The explosion was so strong that it tore up a nearby highway, and shattered windows on nearby homes. Twenty-one of 40 tanks at the facility used to store jet fuel, bunker fuel and gasoline were destroyed or damaged by the fire. <br /><br />Two people were injured as a result of the explosion.&nbsp; The fire, which burned for nearly three days,&nbsp; produced plumes of thick, black smoke that filled the air with hazardous contaminants, including carbon monoxide and sulfur.&nbsp; Prevailing winds spread these contaminants to several areas of San Juan and adjacent municipalities, including Catano, Levittown, Toa Baja and Bayamon, exposing thousands to toxic fumes. <br /><br />More than 1,500 people were evacuated.&nbsp; Many evacuees, some of whom were suffering from respiratory illnesses, were unable to return for several days.&nbsp; Many businesses were also forced to close.&nbsp; Residents of San Juan and the surrounding area were advised to keep windows shut and to stay indoors.<br /><br />There had been speculation that a deliberate act had set off the disaster.&nbsp; Suspicions were raised when graffiti with the message &ldquo;Boom, fire, RIP, Gulf&rdquo; was found scrawled in three locations around San Juan shortly after the explosion occurred.<br /><br />But according to Reuters,&nbsp; the <a href="http://www.fbi.gov/">FBI</a> said the a fuel leak occurred when one of the huge storage tanks at the facility was being filled, creating a vapor cloud. An unnamed source said that the gases were ignited by an unidentified energy source, possibly from a water treatment plant at the site.<br /><br />FBI Special Agent In Charge Luis Fraticelli told Reuters&nbsp; that it was too early to say whether an act of negligence - such as a lack of maintenance or lax procedures - helped set off the blast. &nbsp;<br /><br />]]></content:encoded>
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		<title>EPA Report Details Coal Ash Threat</title>
		<link>http://www.yourlawyer.com/articles/read/17196</link>		
		<pubDate>Wed, 28 Oct 2009 00:00:00 -0700</pubDate>
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		<guid isPermaLink="false">http://www.yourlawyer.com/articles/read/17196</guid>
		<description><![CDATA[We have been following events since the catastrophic fly ash spill that took place last December in Tennessee in which an unimaginable 5.4 million cubic yards of toxic coal sludge was dumped into the Emory and Clinch rivers and the 300 acres surrounding the Tennessee Valley Authority&rsquo;s (TVA) Kingston plant. Now, an emerging Environmental Protection Agency (EPA) report states that some &ldquo;potentially toxic pollutants,&rdquo; such as...]]></description>
			<content:encoded><![CDATA[We have been following events since the catastrophic <a href="http://www.yourlawyer.com/topics/overview/Tennessee_Fly_Ash_Spill">fly ash spill</a> that took place last December in Tennessee in which an unimaginable 5.4 million cubic yards of toxic coal sludge was dumped into the Emory and Clinch rivers and the 300 acres surrounding the Tennessee Valley Authority&rsquo;s (TVA) Kingston plant. Now, an emerging <a href="http://www.epa.gov/">Environmental Protection Agency</a> (EPA) report states that some &ldquo;potentially toxic pollutants,&rdquo; such as mercury and arsenic, which are found in coal ash, could present serious problems.<br /><br />Meanwhile, earlier this year, we wrote about how information pointing to &ldquo;significantly higher cancer risks&rdquo; for those living near coal-fired power plant ash dumps was allegedly covered up by the recent Bush Administration, citing a report by EnvironmentalIntegrity.org. The historic TVA spill&rsquo;s involved over one billion gallons of toxic coal sludge and The spill ravaged the environment, the economy, and the lives and health of the families, wildlife, and aquatic life living in the area. KnoxNews previously noted that the toxic sludge destroyed three homes and damaged about two-dozen others.<br /><br />The new report states that the pollutants can converge in considerable quantities, which are released into waterways or groundwater, said the Tennessean. The report is in excess of 230 pages and has been met with positive responses from environmentalists who are hoping this will pave the way for improved regulations, added the Tennessean.<br /><br />&quot;We applaud the EPA for addressing coal's toxic legacy head on, for delving deeper and completing this long overdue investigation,&quot; said Mary Anne Hitt, deputy director of the Sierra Club's Beyond Coal Campaign, in an emailed statement, quoted the Tennessean. Hitt added that she is hoping that the EPA will institute &ldquo;strong federal regulations in place for coal ash&quot; and removal of sludge.<br /><br />Numerous studies have concluded that coal dumps leach dangerous toxins into the environment that can cause cancer, birth defects, and other serious health outcomes in water and wildlife populations, including frightening guarantees of developing cancer from drinking contaminated water and suffering damage to the liver, kidney, lungs and other organs from toxic metal exposure, such as cadmium, cobalt, lead, and other pollutants far above levels that are considered safe,&rdquo; said Environmental Integrity, previously. The group also noted that the danger to wildlife and ecosystems is &ldquo;off the charts, with one contaminant&mdash;boron&mdash;expected to leach into the environment at levels two thousand times thresholds generally considered to be safe.&rdquo;<br /><br />Officials at the agency said they would make a decision by year-end regarding the regulation of coal ash as a hazardous waste; however, industry officials say this move is not necessary and &ldquo;would undermine&rdquo; recycling efforts, said the Tennessean. The waste is sometimes recycled into concrete.<br /><br />But, the report discusses cases in which the toxin has killed aquatic wildlife, contaminated wells, and adversely affected wildlife, reported the Tennessean, with the causes linked to coal ash wastewater. The waste has been both accidentally and &ldquo;routinely&rdquo; released as a result of coal-fired plant daily operations, the Tennessean noted.<br /><br />&ldquo;Many of the common pollutants found in coal combustion wastewater (e.g., selenium, mercury, and arsenic) are known to cause environmental harm and can potentially represent a human health risk,&quot; said the report, quoted the Tennessean.<br /><br />]]></content:encoded>
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		<title>Puerto Rico Oil Explosion Fire Extinguished, Investigation Under Way</title>
		<link>http://www.yourlawyer.com/articles/read/17177</link>		
		<pubDate>Mon, 26 Oct 2009 00:00:00 -0700</pubDate>
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		<guid isPermaLink="false">http://www.yourlawyer.com/articles/read/17177</guid>
		<description><![CDATA[The fire from Friday's massive oil explosion outside of&nbsp; San Juan, Puerto Rico has finally been extinguished.&nbsp; Officials from the FBI and other government agencies have now descended on the smoldering Caribbean Petroleum Corp. depot in an attempt to find out what set off the blast.The explosion at the Caribbean Petroleum Corp.&nbsp; facility, in Catano, Puerto Rico occurred around 12:30 a.m. Friday. According to the Puerto Rico Seismic...]]></description>
			<content:encoded><![CDATA[The fire from Friday's massive <a href="http://www.oil-refinery-accidents-lawyer.com/">oil explosion outside of&nbsp; San Juan, Puerto Rico</a> has finally been extinguished.&nbsp; Officials from the FBI and other government agencies have now descended on the smoldering Caribbean Petroleum Corp. depot in an attempt to find out what set off the blast.<br /><br />The explosion at the Caribbean Petroleum Corp.&nbsp; facility, in Catano, Puerto Rico occurred around 12:30 a.m. Friday. According to the Puerto Rico Seismic Network, the blast produced a shock wave equivalent to a 2.8 magnitude earthquake. The explosion was so strong that it tore up a nearby highway, and shattered windows on nearby homes.&nbsp; Twenty-one of 40 storage tanks at the storage facility were affected by the fire.&nbsp; According to the Associate Press, some contained jet fuel, and others supplied Caribbean Petroleum&rsquo;s 200 Gulf gasoline stations.<br /><br />The fire produced plumes of thick, black smoke that could be seen for miles.&nbsp; At least 1,500 people living close to the facility were evacuated.&nbsp; Schools in the capital city of San Juan were closed on Friday, and residents were advised to keep windows shut and to stay indoors. <br /><br />According to Puerto Rican Governor Luis Fortuno, the blast has cost the Caribbean island at least $6.4 million.&nbsp; Over the weekend, President Barack Obama declared a state of emergency, paving the way for Puerto Rico to receive federal aid.<br /><br />Yesterday, agents from the FBI and <a href="http://www.atf.gov/firearms/index.htm">Bureau of Alcohol, Tobacco, Firearms and Explosives</a> were finally able to enter the Caribbean Petroleum facility to begin investigating the cause of the blast.&nbsp; As we reported previously, the site is being treated as a crime scene.&nbsp; Such concerns were raised on Friday after graffiti with the message &quot;Boom, fire, RIP, Gulf&quot; was found scrawled inside a highway tunnel in San Juan.&nbsp; According to the New York Times, similar messages were found at two other sites in and around the city.<br /><br />According to a press release from the Governor's office, the Puerto Rico Police Department has established a confidential e-mail and phone line, refineria@policia.gobierno.pr and 1-877-703-8346, for anyone with information related to the incident.<br /><br />The press release also said that the Puerto Rico State Emergency Management and Disaster Administration Agency will coordinate with structural engineers in order to evaluate damages to residences near the blast site and determine, along with the municipality's mayor and municipal personnel, the safety of the structures so that residents can return to their homes.<br /><br />]]></content:encoded>
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		<title>Puerto Rico Oil Explosion Prompts White House to Declare State of Emergency</title>
		<link>http://www.yourlawyer.com/articles/read/17176</link>		
		<pubDate>Sun, 25 Oct 2009 00:00:00 -0700</pubDate>
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		<guid isPermaLink="false">http://www.yourlawyer.com/articles/read/17176</guid>
		<description><![CDATA[The White House has declared a stated of emergency in Puerto Rico, following Friday's massive oil explosion and fire at the Caribbean Petroleum Corp. storage facility outside San Juan.&nbsp; According to a CNN report,&nbsp; the fire is still burning out of control, and the FBI is treating the site of the blast as a crime scene.According to the Washington Post, on Saturday shifting wind threatened to bring plumes of toxic smoke closer to...]]></description>
			<content:encoded><![CDATA[The White House has declared a stated of emergency in Puerto Rico, following Friday's massive oil explosion and fire at the <a href="http://www.oil-refinery-accidents-lawyer.com/">Caribbean Petroleum Corp.</a> storage facility outside San Juan.&nbsp; According to a CNN report,&nbsp; the fire is still burning out of control, and the FBI is treating the site of the blast as a crime scene.<br /><br />According to the Washington Post, on Saturday shifting wind threatened to bring plumes of toxic smoke closer to populated areas of the island.&nbsp; However, Puerto Rico's Gov. Luis Fortuno said he does not believe more evacuations will be necessary.&nbsp; The number of people evacuated because of the disaster now stands at about 1,500. &nbsp;<br /><br />Eighteen of the facility's storage tanks have been destroyed.&nbsp; Five are still burning,&nbsp; four have collapse into the flames the Post said.&nbsp; According to CNN, 12 tanks are smoking.<br /><br />At least 130 firefighters and National Guard troops are working to bring the inferno under control, but it is expected that it will take several days to extinguish the fire.&nbsp; The National Guard took&nbsp; the lead in coordinating management of the disaster yesterday.&nbsp; According to The Washington Post, heavy equipment from the National Guard and island pharmaceutical firms have been moved to the site, and a temporary pipeline from San Juan Bay to supply seawater to fight the fire has been erected. Foam used in putting out oil fires was shipped from the U.S. Virgin Islands.<br /><br />President Obama's declaration of a state of emergency frees up federal aid to the island. Gov. Fortuno has said that the blaze has cost Puerto Rico at least $6.4 million.<br /><br />According to CNN, the FBI's&nbsp; decision to treat the blast site as a crime scene is &quot;routine.&quot;&nbsp; But as we reported previously, officials have said they were concerned by some graffiti found Friday in two San Juan highway tunnels.&nbsp; The graffiti reportedly included the message:&nbsp; &ldquo;Boom, fire, RIP, Gulf, Soul, ACNF.&quot;&nbsp; It is not known who or what ACNF refers too, CNN said.<br /><br />The Caribbean Petroleum Corp. is the owner of the Gulf brand in Puerto Rico. The facility where the explosion occurred is a gasoline warehouse and distribution center where jet fuel, bunker fuel and gasoline are stored. The facility also includes a 48,000 barrel-per-day (b/d) refinery, but according to the company, the refinery was not in operation at the time of the explosion.<br /><br />The explosion at the Caribbean Petroleum Corp. facility occurred around 12:30 a.m. Friday. According to the Puerto Rico Seismic Network, the blast produced a shock wave equivalent to a 2.8 magnitude earthquake. The explosion was so strong that it tore up a nearby highway, and shattered windows on nearby homes.<br /><br />According to CNN, the Caribbean Petroleum Corp. had been sited with violating the federal Resource Conservation and Recovery Act, and was operating under a corrective action plan.&nbsp; The Act is the major U.S. law dealing with the disposal of solid and hazardous wastes.<br /><br />]]></content:encoded>
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		<title>Fire From Puerto Rico Oil Explosion Spreads, More Evacuations Ordered</title>
		<link>http://www.yourlawyer.com/articles/read/17175</link>		
		<pubDate>Sat, 24 Oct 2009 00:00:00 -0700</pubDate>
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		<guid isPermaLink="false">http://www.yourlawyer.com/articles/read/17175</guid>
		<description><![CDATA[Puerto Rican officials have ordered more evacuations following yesterday's explosion at the Caribbean Petroleum Corp. storage facility near San Juan.&nbsp; According to Reuters, the fire sparked by the massive explosion continues to burn, and has spread to even more fuel storage tanks.&nbsp; The fire is one of the largest ever experienced in Puerto Rico.Yesterday's explosion occurred around 12:30 a.m.&nbsp; According to the Puerto Rico Seismic...]]></description>
			<content:encoded><![CDATA[Puerto Rican officials have ordered more evacuations following yesterday's <a href="http://www.oil-refinery-accidents-lawyer.com/">explosion at the Caribbean Petroleum Corp.</a> storage facility near San Juan.&nbsp; According to Reuters, the fire sparked by the massive explosion continues to burn, and has spread to even more fuel storage tanks.&nbsp; The fire is one of the largest ever experienced in Puerto Rico.<br /><br />Yesterday's explosion occurred around 12:30 a.m.&nbsp; According to the Puerto Rico Seismic Network, the blast produced a shock wave equivalent to a 2.8 magnitude earthquake. The explosion was so strong that it tore up a nearby highway, and shattered windows on homes.<br /><br />At first, 11 of 40 tanks at the facility that stored jet fuel, bunker fuel and gasoline were destroyed.&nbsp; But according to Reuters, the fire has now spread to six other tanks.&nbsp; At least 130 firefighters and National Guard troops are working to bring the inferno under control, but it is expected that it will take several days to extinguish the fire.<br /><br />Yesterday, at least 350 people living downwind of the fire were evacuated.&nbsp; That evacuation has now been expanded to include the Sabana Amelia neighborhood, where around 1,000 to 1,500 people live.&nbsp; Puerto Rico Governor Luis Fortuno has declared a state of emergency in San Juan and four surrounding towns, Reuters said.&nbsp; Schools throughout San Juan were closed yesterday.&nbsp; Residents who have not been evacuated have been asked to stay indoors.<br /><br />A state epidemiologist who monitors asthma told the Associated Press that the smoke is &quot;extremely toxic&quot; and that people with asthma would will &quot;definitely hyper-react to this.&quot;&nbsp; A spokesperson for Puerto Rico's Environmental Quality Board said that the presence of invisible gases such as carbon monoxide and sulfur was adding to the danger.&nbsp; The U.S. Environmental Protection Agency is monitoring the air with handheld devices and probing whether any fuel spilled into the nearby ocean, the Associated Press said.<br /><br />A huge column of black smoke continues to rise from the Caribbean Petroleum facility.&nbsp;&nbsp; For now, winds are pushing the smoke and fumes out to sea, but according to Reuters, the National Weather Service is watching for any changes that could push the smoke into neighborhoods and require more evacuations. There are also concerns that rain could mix with the smoke, producing toxic rain.<br /><br />Puerto Rican officials are preparing for the possibility that mass evacuations may be needed.&nbsp; According to the Associated Press, the governor has said a large stadium has been prepared to accommodate some 30,000 people who live in the area if necessary.<br /><br /><br />It is still not known what may have caused the Caribbean Petroleum explosion.&nbsp; According to Reuters, the <a href="http://www.chemsafety.gov/newsroom/detail.aspx?nid=290">U.S. Chemical Safety Board</a> said it was deploying a six-person team to San Juan to help with the investigation&nbsp; Yesterday, a local official for the U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives said a special team from the U.S. mainland would also investigate the explosion. However, that investigation would not begin until the fire at the plant was extinguished.<br /><br />Media outlets have also reported that agents from the FBI were on the scene. Local police and the FBI were said to be looking into graffiti found after the blast in a San Juan highway tunnel with the message: &quot;Boom, fire, RIP, Gulf.&quot; While he would not draw conclusions as to the meaning of the graffiti, a police official said the message was &quot;a concern.&quot;<br /><br />]]></content:encoded>
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		<title>Puerto Rico Gas Facility Explosion Prompts Evacuations</title>
		<link>http://www.yourlawyer.com/articles/read/17168</link>		
		<pubDate>Fri, 23 Oct 2009 00:00:00 -0700</pubDate>
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		<guid isPermaLink="false">http://www.yourlawyer.com/articles/read/17168</guid>
		<description><![CDATA[The area around San Juan, Puerto Rico has been rocked by an explosion at the Caribbean Petroleum Corp. gasoline warehouse and distribution center.&nbsp; The blast, which occurred around 12:30 a.m., ignited a massive fire. While only minor injuries have been reported, the area around the Caribbean Petroleum Corp. facility was evacuated.The facility is located in Catano, Puerto Rico, which is located just across the bay from San Juan.&nbsp; The...]]></description>
			<content:encoded><![CDATA[The area around San Juan, Puerto Rico has been rocked by an <a href="http://www.yourlawyer.com/practice_areas/accidents">explosion</a> at the Caribbean Petroleum Corp. gasoline warehouse and distribution center.&nbsp; The blast, which occurred around 12:30 a.m., ignited a massive fire. While only minor injuries have been reported, the area around the Caribbean Petroleum Corp. facility was evacuated.<br /><br />The facility is located in Catano, Puerto Rico, which is located just across the bay from San Juan.&nbsp; The Caribbean Petroleum Corp. is the owner of the Gulf brand in Puerto Rico.&nbsp; According to Reuters, jet fuel, bunker fuel and gasoline is stored at the facility.<br /><br />According to the Associated Press, 11 of more than 30 tanks at the facility had exploded.&nbsp; Several columns of black smoke and flames could be seen rising from the facility from several miles away.&nbsp; The explosion also tore up a nearby highway. &nbsp;<br /><br />The fire at the facility intensified in the hours after the initial explosion, and according to the Associated Press,&nbsp; it will be several days before the fire is extinguished.&nbsp; Fire crews were chilling the remaining tanks in an effort to keep them from exploding, and dozens of fuel trucks in the area were being moved as a precaution.<br /><br />Officials at Caribbean Petroleum reported that all employees there were safe.&nbsp; However, according to the Associated Press, several people in cars that were driving near the facility at the time of the blast did report minor injuries.&nbsp; There were no fatalities.<br /><br />People living downwind of the smoke are being evacuated, and nearby residents are being advised to keep their windows shut.&nbsp; According to the Associated Press, the thick smoke also prompted the Federal Aviation Administration to implement a temporary flight restriction over the area.&nbsp; Schools in the vicinity are closed today, and Puerto Ricans are being asked to avoid the area so that roads can be kept clear for emergency vehicles.<br /><br />It is not yet known what caused the explosion.&nbsp; FBI agents are among those investigating, the Associated Press said.<br /><br />]]></content:encoded>
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		<title>TVA Fly Ash Cleanup to Last Three Years</title>
		<link>http://www.yourlawyer.com/articles/read/17076</link>		
		<pubDate>Mon, 05 Oct 2009 00:00:00 -0700</pubDate>
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		<guid isPermaLink="false">http://www.yourlawyer.com/articles/read/17076</guid>
		<description><![CDATA[Efforts to complete cleanup on last year&rsquo;s massive Tennessee Valley Authority&rsquo;s (TVA) fly ash spill is expected to take three years, according to Steve McCracken, the newly-named recovery project&rsquo;s general manager, reported KnoxNews.According to McCracken, speaking at a news conference at the plant, the properties impacted by the historic and decimating spill will be safe for habitation and that he claims he would feel safe...]]></description>
			<content:encoded><![CDATA[Efforts to complete cleanup on last year&rsquo;s massive <a href="http://www.yourlawyer.com/topics/overview/Tennessee_Fly_Ash_Spill">Tennessee Valley Authority&rsquo;s (TVA) fly ash spill</a> is expected to take three years, according to Steve McCracken, the newly-named recovery project&rsquo;s general manager, reported KnoxNews.<br /><br />According to McCracken, speaking at a news conference at the plant, the properties impacted by the historic and decimating spill will be safe for habitation and that he claims he would feel safe living near the utility&rsquo;s plant following cleanup, said KnoxNews. &quot;I feel confident we can do that,&quot; he said, quoted KnoxNews, of McCraken&rsquo;s comments on the cleanup plans.<br /><br />The December 2008 catastrophic fly ash spill dumped an incomprehensible 5.4 million cubic yards&mdash;over one billion gallons&mdash;of toxic coal sludge into Tennessee&rsquo;s Emory and Clinch rivers and the 300 acres surrounding the TVA Kingston plant. The spill ravaged the environment, the economy, and the lives and health of the families, wildlife, and aquatic life living in the area. KnoxNews noted that the toxic sludge destroyed three homes and damaged about two-dozen others.<br /><br />Citing officials, KnoxNews reported that one-third of the sludge dumped into the river has been removed, to date. The river is expected to be cleared at the end of Phase 1, which is scheduled for completion by next spring, said KnoxNews. The rest of the sludge should be cleared from a creek and the land surrounding the TVA plant, reported KnoxNews.<br /><br />Earlier this year, we wrote about how information pointing to &ldquo;significantly higher cancer risks&rdquo; for those living near coal-fired power plant ash dumps was allegedly covered up by the recent Bush Administration, citing a report by EnvironmentalIntegrity.org.<br /><br />Numerous studies have concluded that coal dumps leach dangerous toxins into the environment that can cause cancer, birth defects, and other serious health outcomes in water and wildlife populations, including frightening guarantees of developing cancer from drinking contaminated water and suffering damage to the liver, kidney, lungs and other organs from toxic metal exposure, such as cadmium, cobalt, lead, and other pollutants far above levels that are considered safe,&rdquo; said Environmental Integrity, previously. The group also noted that the danger to wildlife and ecosystems is &ldquo;off the charts, with one contaminant&mdash;boron&mdash;expected to leach into the environment at levels two thousand times thresholds generally considered to be safe.&rdquo;<br /><br />Residents have some valid and serious concerns regarding the heavy metals that were released with the spill, such as arsenic, lead, selenium, and radioactive products including chromium and barium, reported CNN previously. Some of these toxins and chemicals have been known to cause cancer, as we have long been reporting.<br /><br />McCracken is taking over for Anda Ray, TVA's senior vice president for environment and research, said KnoxNews. Ray was in the spot temporarily and is now returning to her prior post and will also continue serving on the board of the Roane County Economic Development Foundation. According to KnoxNews, McCracken has managed three large cleanup projects for the U.S. Department of Energy, worked as assistant manager for environment management for the Department of Energy (DOE), and managed contaminated industrial facility cleanups in Missouri and Ohio.<br /><br />]]></content:encoded>
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		<title>Toyota Rollover Lawsuits Could be Reopened Due to Cover-up Allegations</title>
		<link>http://www.yourlawyer.com/articles/read/16945</link>		
		<pubDate>Thu, 03 Sep 2009 00:00:00 -0700</pubDate>
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		<guid isPermaLink="false">http://www.yourlawyer.com/articles/read/16945</guid>
		<description><![CDATA[A former lawyer for Toyota has accused the automaker of concealing important information about rollover accidents that resulted in deaths and injuries.&nbsp; According to a report in the Los Angeles Times, the accusations could ultimately result in hundreds of rollover accident lawsuits against Toyota being reopened.According to the Times, the stunning allegations were made in a federal lawsuit filed by Dimitrios P. Biller,&nbsp; a former&nbsp;...]]></description>
			<content:encoded><![CDATA[A former lawyer for Toyota has accused the automaker of concealing important information about <a href="http://www.yourlawyer.com/topics/overview/suv_rollovers">rollover accidents</a> that resulted in deaths and injuries.&nbsp; According to a report in the Los Angeles Times, the accusations could ultimately result in hundreds of rollover accident lawsuits against Toyota being reopened.<br /><br />According to the Times, the stunning allegations were made in a federal lawsuit filed by Dimitrios P. Biller,&nbsp; a former&nbsp; managing counsel for Toyota Motor Sales USA Inc.&nbsp;&nbsp; His job involved defending the company in lawsuits filed by victims of&nbsp; injured in rollover accidents involving Toyota sport utility vehicles and trucks. Biller claims the automaker forced him to resign in 2007.&nbsp; The company gave him a $3.2 million severance payment, the Times said.<br /><br />Biller's lawsuits claims Toyota illegally withheld e-mails and other computer-stored information from victims' attorneys, the Times said. It also alleges that the automaker destroyed data in over 300 accidents that Biller claims proves vehicle roofs were substandard.&nbsp; According to the Times, lawsuits filed by the victims of these accidents blamed poor roof design for injuries and deaths.<br /><br />In addition, Biller's lawsuit claims the company hid information from the <a href="http://www.nhtsa.dot.gov/">National Highway Traffic Safety Administration</a> regarding its compliance with roof safety regulations.<br /><br />According to a CBS News report, Biller's lawsuit asserts that he repeatedly complained to&nbsp; about these practices.&nbsp; The stress caused him to suffer a mental breakdown, resulting in his forced resignation in 2007, the lawsuit claims. &nbsp;<br /><br />According to a USA Today report, some consumer groups are predicting serious consequences for Toyota if Biller's claims are proven.&nbsp; &quot;If the allegations are correct that Toyota destroyed or withheld (electronic) data, it has the potential to reopen hundreds of Toyota rollover cases,&quot; Clarence Ditlow, executive director of the Center for Auto Safety, told USA Today.<br /><br />Victims' lawyers are already gearing up for that fight.&nbsp; &ldquo;The petition alleges conduct by Toyota that would cause every case ever resolved by Toyota in the past 10 years to be re-opened,&rdquo; one Texas attorney who represented plaintiffs in Toyota rollover lawsuits, told Bloomberg.com. &ldquo;We intend to ask the courts to re-open these lawsuits.&rdquo;<br /><br />]]></content:encoded>
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		<title>Expanded Honda Recall Over Potential Deadly Airbag Defect</title>
		<link>http://www.yourlawyer.com/articles/read/16829</link>		
		<pubDate>Mon, 03 Aug 2009 00:00:00 -0700</pubDate>
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		<guid isPermaLink="false">http://www.yourlawyer.com/articles/read/16829</guid>
		<description><![CDATA[The Honda Motor Company just announced that it expanded a previous recall from late last year and is now adding nearly a half-million&mdash;about 440,000&mdash;cars that could contain a dangerous and deadly airbag defect, CNN Money reported.The affected Honda models include the 2001-2002 Honda Accord, the 2001 Civic, and the 2002-2003 Acura TL. According to CNN Money, the potential airbag defect has resulted in six injuries and one death, citing...]]></description>
			<content:encoded><![CDATA[<p>The Honda Motor Company just announced that it expanded a previous recall from late last year and is now adding nearly a half-million&mdash;about 440,000&mdash;cars that could contain a dangerous and <a href="http://www.yourlawyer.com/practice_areas/accidents">deadly airbag defect</a>, CNN Money reported.</p><p>The affected Honda models include the 2001-2002 Honda Accord, the 2001 Civic, and the 2002-2003 Acura TL. According to CNN Money, the potential airbag defect has resulted in six injuries and one death, citing Chris Naughton, Honda spokesman. Acura is Honda&rsquo;s luxury brand automobile, the Associated Press (AP) pointed out.</p><p>The recall involves the driver-side airbags, said The Examiner. Recalled Honda cars will have to have the driver&rsquo;s side steering-wheel-mounted airbag inflator either fixed or replaced, explained CNN Money.</p><p>It seems that in some of the cars, the inflators are over-pressurized, which can result in rupture when the airbag is activated, reported CNN Money, citing Honda. &quot;Metal fragments could pass through the cloth airbag cushion material, possibly causing an injury or fatality to vehicle occupants,&quot; quoted CNN Money.</p><p>A recall notice will be sent to registered owners of the vehicles involved in the recall, with customers likeliest to experience a problem contacted first, said CNN Money. The recall notices are scheduled to be sent over the next several months and will request consumers to schedule a repair. The Examiner said that Honda is advising consumers to wait for their notice before scheduling a repair appointment.</p><p>Bloomberg.com reported that, in Tokyo, Japanese auto parts maker, the Takata Corporation&rsquo;s shares fell the most in nearly one month following the Honda Motor Company recall. Kimio Kobori, a spokesman for Takata, said that the company&mdash;which is located in Tokyo&mdash;provided airbags for the 2001 Honda Civics and Honda Accords, said Bloomberg.com. Takata is, said Bloomberg.com, the largest auto safety manufacturer worldwide.</p><p>Meanwhile, the LA Times, citing the Associated Press (AP), reported that Honda is recalling 1,532 of its Inspire and Saber passenger cars in Japan. While Honda maintains that the issue of airbag responsibility is unclear, according to Japan&rsquo;s transport ministry, it was the metal fragments that deployed from the ruptured air bag and allegedly struck the driver&rsquo;s neck in the fatal U.S. accident, said the AP, which noted that Honda said it is investigating the cause of the death. Reuters reported that the auto maker is also looking into what other models may need to be included in the recall and that the airbags are supplied to a variety of markets, citing a spokeswoman.</p><p>The Inspire and Saber autos utilize the same type of defective airbag that was installed in the recalled Civics and Accords, said the AP, which is why Honda is also recalling its Inspire and Sabers in Japan. According to Reuters, about 21,00 cars are also being recalled in Canada.</p><p>The BBC noted that Honda issued a similar recall this past November.</p><p>Honda owners can log onto the Honda Web site at: www.owners.honda.com/recalls and click on the &quot;Owner Link&quot; for recall status; Acura owners can access www.owners.acura.com/recalls and click on the link for &quot;My Acura,&rdquo; said Bloomberg.com.<br /></p>]]></content:encoded>
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		<title>Texas Chemical Plant Fire Update</title>
		<link>http://www.yourlawyer.com/articles/read/16830</link>		
		<pubDate>Mon, 03 Aug 2009 00:00:00 -0700</pubDate>
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		<guid isPermaLink="false">http://www.yourlawyer.com/articles/read/16830</guid>
		<description><![CDATA[While dangerous emissions were not found in the air surrounding the El Dorado Chemical plant in Bryan, Texas, thousands of residents were forced from their homes, reported the Associated Press (AP), citing the Texas Commission on Environmental Quality.The evacuation was initiated because of the risk that ammonium nitrate&mdash;a chemical used in the manufacture of explosives&mdash;at the 11,216-square-foot plant could spark an explosion; the...]]></description>
			<content:encoded><![CDATA[<p>While dangerous emissions were not found in the air surrounding the <a href="http://www.yourlawyer.com/topics/overview/El-Dorado-Chemical-Fire">El Dorado Chemical plant</a> in Bryan, Texas, thousands of residents were forced from their homes, reported the Associated Press (AP), citing the Texas Commission on Environmental Quality.</p><p>The evacuation was initiated because of the risk that ammonium nitrate&mdash;a chemical used in the manufacture of explosives&mdash;at the 11,216-square-foot plant could spark an explosion; the fire was still smoldering late last week.</p><p>By 5:00 p.m. Thursday, the plume of smoke produced by the chemical fire had grown smaller, but officials said the danger was &ldquo;far from over.&rdquo; The evacuation order for Bryan was lifted Friday, except for a small area surrounding the El Dorado Chemical plant. According to the Houston Chronicle via the Associated Press, the fire destroyed the warehouse and closed the main campus at nearby Texas A&amp;M University. </p><p>As we reported last week, the fire at the El Dorado Chemical Company plant broke out around noon Thursday. The fire produced a plume of smoke that extended up to 60 miles from the plant. Because of the toxicity of the chemicals involved, fire crews were forced to allow the blaze to burn itself out. At least 34 people&mdash;including 20 emergency responders&mdash;were injured, with victims treated at two area hospitals for eye irritations, respiratory ailments, and smoke inhalation.</p><p>The Houston Chronicle reported that John Salsman of the Brazos County emergency management, said that a welding job in the warehouse seems to be the culprit; the warehouse mixes and packages chemicals, such as those used in the manufacture of fertilizer.</p><p>Lisa Wheeler, with the Texas Commission on Environmental Quality. said its Waco regional office &ldquo;will continue to monitor the cleanup efforts. The materials will be disposed of and cleaned up by the owner,&quot; quoted the AP.</p><p>The AP also reported that Bryan Assistant Fire Chief Randy McGregor told the Bryan-College Station Eagle that 570 tons of ammonium nitrate, as well as other chemicals, were in the warehouse at the time of the fire, saying that the evacuation was appropriate. &quot;We wanted to err on the side of caution,&quot; McGregor said, quoted the AP.</p><p>&quot;Everything that would burn is burned. There's no physical structure around it at all. You physically can't see any outline of a warehouse,&quot; said El Dorado vice president, John Carver, quoted the AP. The building had been appraised at $956,180, said the AP, citing Brazos County tax records. Once the area is cleared of debris from the fire, Carver said a new site would be operational within 90 days, reported the AP.</p><p>The El Dorado Chemical Co. uses ammonium nitrate to make fertilizer. The highly combustible chemical can also be used to make explosives, and can be detonated under conditions of heat and pressure. The possibility that the fire at El Dorado Chemical could have sparked a massive ammonium nitrate explosion was very real. Inhalation of ammonium nitrate fumes can cause irritation to the respiratory tract. Symptoms may include coughing, sore throat, and shortness of breath.<br /></p>]]></content:encoded>
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		<title>Texas Chemical Plant Fire Prompts Evacuations</title>
		<link>http://www.yourlawyer.com/articles/read/16822</link>		
		<pubDate>Fri, 31 Jul 2009 00:00:00 -0700</pubDate>
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		<guid isPermaLink="false">http://www.yourlawyer.com/articles/read/16822</guid>
		<description><![CDATA[A fire at the El Dorado Chemical plant in Bryan, Texas, while under control, continued to smolder today.&nbsp; At least 1,000 people are still evacuated because of the risk that ammonium nitrate at the plant could spark an explosion.The fire at the El Dorado Chemical Co. plant broke out around noon yesterday. Right now, it looks like a welding spark ignited the blaze.&nbsp; The fire produced a plume of smoke that extended up to 60 miles from the...]]></description>
			<content:encoded><![CDATA[A fire at the <a href="http://www.yourlawyer.com/topics/overview/El-Dorado-Chemical-Fire">El Dorado Chemical plant</a> in Bryan, Texas, while under control, continued to smolder today.&nbsp; At least 1,000 people are still evacuated because of the risk that ammonium nitrate at the plant could spark an explosion.<br /><br />The fire at the El Dorado Chemical Co. plant broke out around noon yesterday. Right now, it looks like a welding spark ignited the blaze.&nbsp; The fire produced a plume of smoke that extended up to 60 miles from the plant. Because of the toxicity of the chemicals involved, fire crews were forced to allow the blaze to burn itself out.<br /><br />The fire injured at least 34 people, including 20 emergency responders.&nbsp; Victims were treated at two area hospitals for eye irritation, respiratory ailments and smoke inhalation.<br /><br />The City of Bryan was under a mandatory evacuation order most of yesterday, as was part of Brazos County north of FM 60.&nbsp; The roads into Bryan were closed.&nbsp; Classes at Texas A&amp;M's main campus were also canceled, but resumed today.<br /><br />By 5:00 p.m. yesterday, the plume of smoke produced by the chemical fire had grown smaller, but officials said the danger was &quot;far from over&quot;.&nbsp;&nbsp; The evacuation order for Bryan was lifted last night, except for&nbsp; a small area surrounding the El Dorado Chemical Co. plant.&nbsp; As of this morning, around 1,000 people were still being kept out.<br /><br />The El Dorado Chemical Co. uses ammonium nitrate to make fertilizer.&nbsp; The highly combustible chemical can also be used to make explosives, and can be detonated under conditions of heat and pressure.&nbsp; The possibility that the fire at El Dorado Chemical could have sparked a massive ammonium nitrate explosion was very real.&nbsp; Inhalation of ammonium nitrate fumes can cause irritation to the respiratory tract.&nbsp; Symptoms may include coughing, sore throat, and shortness of breath.<br /><br />]]></content:encoded>
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		<title>More Questions About Dow Chemical Leak</title>
		<link>http://www.yourlawyer.com/articles/read/16789</link>		
		<pubDate>Fri, 24 Jul 2009 00:00:00 -0700</pubDate>
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		<guid isPermaLink="false">http://www.yourlawyer.com/articles/read/16789</guid>
		<description><![CDATA[Following the Dow Chemical leak in Hahnville, Louisiana earlier this month, an investigator from the state's Department of Environmental Quality (DEQ) has been a at the plant every day trying to determine what happened.&nbsp; According to a report in the New Orleans Times-Picayune, DEQ has been accused by an environmental group of ignoring problems at the Dow plant.The Dow chemical spill, which involved the chemical ethyl acrylate, occurred...]]></description>
			<content:encoded><![CDATA[Following the Dow Chemical leak in Hahnville, Louisiana earlier this month, an investigator from the state's Department of Environmental Quality (DEQ) has been a at the plant every day trying to determine what happened.&nbsp; According to a report in the New Orleans Times-Picayune, DEQ has been accused by an environmental group of ignoring problems at the Dow plant.<br /><em><br /></em>The <a href="http://www.yourlawyer.com/topics/overview/Dow-Chemical-Leak">Dow chemical spill</a>, which involved the chemical ethyl acrylate, occurred early in the morning of July 7, and forced evacuation of the area around the Dow Chemical plant. Some residents were forced out of their homes until Wednesday afternoon. Because of winds and storms in the area, ethyl acrylate fumes were carried as far away as New Orleans, and St. Bernard&rsquo;s Parish. Dozens of people were treated at the hospital for ethyl acrylate side effects. The foul-smelling chemical is known to cause nausea and headaches, and can irritate the skin, eyes, nose and throat.<br /><br />According to the Times Picayune, at Monday's meeting an official with the&nbsp; Louisiana Bucket Brigade, a state environmental group, said that the Dow Hahnville plant had been site of three previous ethyl acrylate leaks between October 2008 and June 15, 2009.&nbsp; &quot;Both Dow and DEQ have failed to take the appropriate steps to get to the root of the problem and protect the public,&quot; the officials said.<br /><br />A spokesperson for Dow said that after the June 15 release - which was from the same tank that produced this month's leak - the plant draining the vessel in order to inspect it for structural problems. A reaction in that tank, which was almost empty at the time, caused the July 7 release.&nbsp; The two other releases, in October 20, 2008 and April 22, occurred in two separate tanks, the spokesperson said.<br /><br />The <a href="http://www.deq.louisiana.gov/portal/">DEQ</a> official who attended Monday's meeting told the Times-Picayune that&nbsp; and investigator has been at the Dow plant since the July 7&nbsp; and is &quot;asking some very tough questions about what happened, how it happened and how can we prevent it from happening again.&quot;<br /><br />Meanwhile, the Times-Picayune is also reporting that the St. Charles Parish emergency operations center has come under fire for what some have called its slow response to the July leak.&nbsp; According to the Times-Picayune, the Parish got the first report that something was wrong at the Dow plant just before 4:00 a.m., after employees at a nearby Shell chemical plant called to report an acrylic odor. &nbsp;<br /><br />The parish notified Dow, and the leak was discovered.&nbsp; By 4:56 a.m., Dow was reporting that the situation was &quot;under control&quot;.&nbsp; But around 6:00 a.m., residents near the plant were calling in to report the odor.&nbsp; By 7:27, residents near the plant were &quot;advised&quot; to leave, but it was not an order, the Times-Picayune said.<br /><br />The parish's emergency preparedness director defended the center's performance to the Times-Picayune.&nbsp; &quot;We had information from Dow, backed up from our operators' information (about the properties of the chemical) and State Police that this was not a life-threatening release.&quot;<br /><em><br /></em>]]></content:encoded>
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		<title>Dow Chemical Leak Third From Tank Since 2008, Environmental Group Says</title>
		<link>http://www.yourlawyer.com/articles/read/16754</link>		
		<pubDate>Thu, 16 Jul 2009 00:00:00 -0700</pubDate>
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		<description><![CDATA[Last week's&nbsp; Dow Chemical leak in Hahnville, Louisiana was the third time the chemical ethyl acrylate was released from the St. Charles Operation facility since 2008, says the Louisiana Bucket Brigade. According to The New Orleans Times-Picayune, the environmental group has also demanded that Dow Chemical come clean about how much ethyl acrylate was released from the plant last week.The Dow chemical spill occurred early last Tuesday...]]></description>
			<content:encoded><![CDATA[Last week's&nbsp; <a href="http://www.yourlawyer.com/topics/overview/Dow-Chemical-Leak">Dow Chemical leak</a> in Hahnville, Louisiana was the third time the chemical ethyl acrylate was released from the St. Charles Operation facility since 2008, says the <a href="http://www.labucketbrigade.org/">Louisiana Bucket Brigade</a>. According to The New Orleans Times-Picayune, the environmental group has also demanded that Dow Chemical come clean about how much ethyl acrylate was released from the plant last week.<br /><br />The Dow chemical spill occurred early last Tuesday morning, and forced evacuation of the area around the Dow Chemical plant. Some residents were forced out of their homes until Wednesday afternoon. Because of winds and storms in the area, ethyl acrylate fumes were carried as far away as New Orleans, and St. Bernard&rsquo;s Parish. Dozens of people were treated at the hospital for ethyl acrylate side effects. The foul-smelling chemical is known to cause nausea and headaches, and can irritate the skin, eyes, nose and throat<br /><br />According to the Times-Picayune, at a news conference yesterday, the&nbsp; Louisiana Bucket Brigade cited two other ethyl acrylate leaks from the same tank that was involved in last week's incident.&nbsp; The group said the company reported airborne releases of fumes from the chemical on Oct. 20, 2008, and April 22, 2009 to the state Department of Environmental Quality.&nbsp; <br /><br />According to the group, the October incident involved a 14-hour release of ethyl acrylate, which sent 168 pounds of the chemical into the air. The cause was determined to be multiple valve failures since the valves were not part of regular maintenance.&nbsp; The&nbsp; second&nbsp; incident involved a two-hour release that sent&nbsp; 24.8 pounds of the chemical into the air.&nbsp; Dow reported the release after a neighbor called and complained, the Louisiana Bucket Brigade said.<br /><br />The group also complained that&nbsp; the public does not yet know how much of the chemical was release last week. &quot;Dow has tried to play down this release by calling it a bad odor,&quot; said Anna Hrybyk, the organization's program manager, said. &quot;The fact is that it was a chemical release and we do not know how much of the chemical was released. We do know that people were treated at the hospital because of this accident and that Dow has a serious, ongoing problem with this chemical. It's not a simple odor.&quot; <br /><br />According to a report on WWLTV, the Louisiana Bucket Brigade also charged that Dow Chemical was negligent because it did not &quot;get to the root cause of the problem&quot; with the tank involved in the three incidents.<br /><br />]]></content:encoded>
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		<title>Another Dow Chemical Leak Reported at Louisiana Plant, Problem Could Linger for Days</title>
		<link>http://www.yourlawyer.com/articles/read/16730</link>		
		<pubDate>Fri, 10 Jul 2009 00:00:00 -0700</pubDate>
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		<guid isPermaLink="false">http://www.yourlawyer.com/articles/read/16730</guid>
		<description><![CDATA[The Dow Chemical leak that occurred in Hahnville, Louisiana earlier this week could affect the area for days, plant officials are saying.&nbsp; According to a report on WDSU.com, the 640,000 gallon storage tank involved in the incident could intermittently leak ethyl acrylate while the cleanup is ongoing, filling the air with the chemical's characteristic putrid smell. &nbsp;The injury count from Tuesday's leak at&nbsp; Dow Chemical's St....]]></description>
			<content:encoded><![CDATA[The <a href="http://www.yourlawyer.com/topics/overview/Dow-Chemical-Leak">Dow Chemical leak</a> that occurred in Hahnville, Louisiana earlier this week could affect the area for days, plant officials are saying.&nbsp; According to a report on WDSU.com, the 640,000 gallon storage tank involved in the incident could intermittently leak ethyl acrylate while the cleanup is ongoing, filling the air with the chemical's characteristic putrid smell. &nbsp;<br /><br />The injury count from Tuesday's leak at&nbsp; Dow Chemical's St. Charles Operations facility has now reached 33, with two people treated at the hospital yesterday.&nbsp; A second ethyl acrylate leak occurred in the same storage tank yesterday morning at around 6:30, and residents nearby complained about the nauseating smell throughout the day, WDSU.com said.&nbsp; Although most said the odor from the chemical wasn't nearly as bad as it had been on Tuesday, some did complain of feeling worse than they had when the original incident took place.<br /><br />According to Dow Chemical officials, the second leak occurred when workers were attempting to neutralize the chemical and move it to sealed containers.&nbsp; Some small amount of ethyl acrylate was not neutralized, and made its way&nbsp; into the air.&nbsp; No one at Dow Chemical could say how long residents living in the area might have to deal with this problem, WDSU.com said.<br /><br />The original leak occurred early Tuesday morning, and forced evacuation of the area around the Dow Chemical plant.&nbsp; Some residents were forced out of their homes until Wednesday afternoon.&nbsp; Because of winds and storms in the area, ethyl acrylate fumes were carried as far away as New Orleans, and St. Bernard's Parish. &nbsp;<br /><br />Dozens of people were treated at the hospital for ethyl acrylate side effects.&nbsp; The foul-smelling chemical is known to cause nausea and headaches, and can irritate the skin, eyes, nose and throat.&nbsp; Anyone experiencing such symptoms has been advised to seek medical attention.<br /><br />According to the New Orleans-Times Picayune, a&nbsp; malfunctioning vent on the 640,000 gallon tank apparently led to the initial release on Tuesday.&nbsp; Plant officials said an unrelated problem with that same tank was reported to the state in April. Neither Dow nor parish and state officials would say exactly how much ethyl acrylate escaped and became airborne, the Times-Picayune said.<br /><br />The Times-Picayune also reported that some parties are continuing to raise questions about Dow Chemical's early response to Tuesday's leak, and the way residents were notified.&nbsp; St. Charles Parish's&nbsp; emergency preparedness director told the Times-Picayune that&nbsp; the first call about an odor came in Tuesday at 3:57 a.m.,&nbsp; and the office immediately notified Dow.<br /><br />The emergency alert level was raised at 7:10 a.m. when Dow let the <a href="http://www.stcharlesgov.net/index.aspx?page=98">Emergency Operations Center</a> know the leak was not contained, and that people living in the area should take precautions.&nbsp; But according to the Times-Picayune report, some residents around the plant have complained that they were not notified that there was a leak for hours.<br /><br />]]></content:encoded>
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		<title>CPSC Urges Fireworks Safety</title>
		<link>http://www.yourlawyer.com/articles/read/16697</link>		
		<pubDate>Wed, 01 Jul 2009 00:00:00 -0700</pubDate>
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		<guid isPermaLink="false">http://www.yourlawyer.com/articles/read/16697</guid>
		<description><![CDATA[Fireworks injuries dropped in 2008, but the Consumer Products Safety Commission (CPSC) is reminding consumers to put safety first during the Fourth of July holiday and celebrate with caution this year when it comes to fireworks.According to the CPSC, there were reports of seven fireworks-related deaths and an estimated 7,000 hospital emergency room treated injuries in 2008. In 2007, the CPSC had reports of eleven deaths and an estimated 9,800...]]></description>
			<content:encoded><![CDATA[<a href="http://www.yourlawyer.com/practice_areas/accidents">Fireworks injuries</a> dropped in 2008, but the <a href="http://www.cpsc.gov/">Consumer Products Safety Commission</a> (CPSC) is reminding consumers to put safety first during the Fourth of July holiday and celebrate with caution this year when it comes to fireworks.<br /><br />According to the CPSC, there were reports of seven fireworks-related deaths and an estimated 7,000 hospital emergency room treated injuries in 2008. In 2007, the CPSC had reports of eleven deaths and an estimated 9,800 injuries.&nbsp; However, even with fewer reported deaths and injuries in 2008, the one-month period surrounding the Fourth of July is still the most dangerous time. In fact, according to the CPSC, 70 percent of all fireworks-related injuries occurred between June 20 and July 20.<br /><br />&ldquo;CPSC wants to keep reducing fireworks-related deaths and injuries in 2009,&rdquo; said Chairman Inez Tenenbaum. &ldquo;Children should never play with or light fireworks, and adults should watch our demonstrations to see how powerful and dangerous illegal fireworks can be.&rdquo;<br /><br />The CPSC encourages consumers who decide to purchase legal fireworks to:<br /><br /><ul><li>Never allow young children to play with or ignite fireworks.</li><li>Make sure fireworks are legal in your area before buying or using them.</li><li>Avoid buying fireworks that come in brown paper packaging, as this can often be a sign that the fireworks were made for professional displays and could pose a danger to consumers.</li><li>Adults should always supervise fireworks activities. Parents often don&rsquo;t realize that there are many injuries from sparklers to children under five. Sparklers burn at temperatures of about 2,000 degrees - hot enough to melt some metals.</li><li>Never have any portion of your body directly over a fireworks device when lighting the fuse. Move back a safe distance immediately after lighting. </li><li>Never try to re-light or pick up fireworks that have not fully functioned.</li><li>Never point or throw fireworks at another person.</li><li>Keep a bucket of water or a garden hose handy in case of fire or other mishap.</li><li>Light one item at a time, then move back quickly.</li><li>Never carry fireworks in a pocket or shoot them off in metal or glass containers.</li><li>After fireworks fully complete their functioning, douse the spent device with plenty of water from a bucket.</li></ul><br />As a part of its fireworks enforcement program, CPSC actively works with the Bureau of Alcohol, Tobacco and Fire Arms (ATF) to investigate roadside stands, warehouses and retail stores that sell professional grade explosives to consumers, and homes that serve as havens for the manufacture of dangerous fireworks devices. These investigations have resulted in dozens of successful prosecutions by the Justice Department&rsquo;s Office of Consumer Litigation and U.S. Attorney offices across the country.<br /><br />On June 19, 2009, a federal judge in the Eastern District of New York sentenced Jon Cea and Vincent Cea to 24 months and 36 months in federal prison, respectively, after they pleaded guilty to conspiracy to engage in the business of dealing in explosive materials, involving the illegal sale of more than 1,000 pounds of explosives. The defendants and their customers were not licensed, yet they purchased and sold professional display fireworks. CPSC and the Justice Department worked in partnership on this case.<br /><br />]]></content:encoded>
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		<title>DC Metro Crash Kills 9, Injures More than 70</title>
		<link>http://www.yourlawyer.com/articles/read/16665</link>		
		<pubDate>Tue, 23 Jun 2009 00:00:00 -0700</pubDate>
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		<description><![CDATA[At least 9 are dead following a rear-end crash of two Washington, DC Metro subway trains yesterday.&nbsp; The Metro crash, which occurred during rush hour, also injured&nbsp; more than 70 people, United Press International (UPI) is reporting.Officials are calling yesterday's Metro crash the worst in the system's 33 year history.&nbsp; The collision occurred when one train stopped short of the Fort Totten station - near the Maryland border - and...]]></description>
			<content:encoded><![CDATA[At least 9 are dead following a rear-end <a href="http://www.yourlawyer.com/topics/overview/train_accidents">crash of two Washington, DC Metro subway trains</a> yesterday.&nbsp; The Metro crash, which occurred during rush hour, also injured&nbsp; more than 70 people, United Press International (UPI) is reporting.<br /><br />Officials are calling yesterday's Metro crash the worst in the system's 33 year history.&nbsp; The collision occurred when one train stopped short of the Fort Totten station - near the Maryland border - and was rammed from behind from the second train, UPI said.&nbsp; The second train&nbsp; came to rest on top of the first - something that indicates it was traveling at a high rate of speed.&nbsp; The Los Angeles Times reported that the crash occurred around 5:00 p.m. on the Metro's Red Line, one of its busiest routes.<br /><br />More than 200 emergency workers responded to the scene, where they had to work to release trapped commuters.&nbsp;&nbsp; Six people - including the operator of the second train - were declared dead shortly after the crash.&nbsp; The additional three bodies were discovered late last night, the Los Angeles Times said. In addition, 76 people were treated at the scene.&nbsp; Some were sent to area hospitals, six with critical injuries.<br /><br />The <a href="http://www.ntsb.gov/">National Transportation Safety Board</a> (NTSB) is on the scene, and has&nbsp; assigned a railroad investigator and two specialists from its office of transportation disaster assistance to the incident, the Times said.&nbsp; The investigation will likely focus on the Metro's computerized signal system, which is supposed to keep trains from getting too close to one another, and operator error.<br /><br />According to a report in the Baltimore Sun, the NTSB has been a &quot;persistent critic&quot; of the Metro system for the last quarter century. After other incidents, the agency has criticized Metro for ignoring warnings from front-line managers, disregarding NTSB recommendations and failing to learn from its mistakes. &nbsp;<br /><br />For instance, according to the Sun, after a fatal crash in 1996, the NTSB recommended that Metro reinforce its rail cars' structure to prevent &quot;telescoping&quot; during a crash.&nbsp; But for 8 years, Metro resisted the move, complaining it would be too expensive.&nbsp; The Metro system is not required to follow NTSB recommendations, the Sun said.<br /><br />The NTSB investigation of the Metro crash could take years to complete, but it may issue a preliminary report sooner than that, the Sun said.<br /><br />In the Metro's 33-year history, there have been at least four other fatal accidents that have&nbsp; killed a total of seven people.<br /><br />]]></content:encoded>
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		<title>New Report Highlights Children Drowning Deaths</title>
		<link>http://www.yourlawyer.com/articles/read/16583</link>		
		<pubDate>Fri, 22 May 2009 00:00:00 -0700</pubDate>
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		<guid isPermaLink="false">http://www.yourlawyer.com/articles/read/16583</guid>
		<description><![CDATA[The U.S. Consumer Product Safety Commission (CPSC) just released a report about child drowning deaths and injuries in pools and spas in anticipation of this Memorial Day weekend as pools open nationwide.According to agency data, nearly 300 children under the age of five drown in pools and spas annually; about 3,000 suffer pool- or spa-related injuries requiring hospital emergency room care. Two-thirds of all pool- and spa-related deaths and...]]></description>
			<content:encoded><![CDATA[The U.S. Consumer Product Safety Commission (CPSC) just released a report about <a href="http://www.yourlawyer.com/practice_areas/accidents">child drowning deaths and injuries</a> in pools and spas in anticipation of this Memorial Day weekend as pools open nationwide.<br /><br />According to agency data, nearly 300 children under the age of five drown in pools and spas annually; about 3,000 suffer pool- or spa-related injuries requiring hospital emergency room care. Two-thirds of all pool- and spa-related deaths and injuries involve children between one and two years of age, with 80 percent of all drowning deaths occurring in residential settings. Between 1999 and 2008, there were 83 reports of pool and spa entrapments, including 11 deaths and 69 injuries. Since 1999, 14 percent of the reported pool and spa suction/entrapment incidents were fatal.&nbsp; Children become caught in a pool&rsquo;s suction and suffer disembowelment, evisceration, paralysis, scarring, permanent welting, and drowning.<br /><br />Yesterday, acting <a href="http://www.cpsc.gov/">CPSC</a> Chairman Chairman Nancy Nord, Minnesota Senator Amy Klobuchar, Florida Congresswoman Debbie Wasserman Schultz, Safe Kids USA, and Scott Taylor (father of Abigail Taylor, who suffered fatal injuries from an evisceration incident in a wading pool), spoke on Capitol Hill to encourage parents, caregivers, and pool owners to make safety a top priority as the summer swim season officially opens.<br /><br />&quot;Preventing child drownings is a key part of CPSC's mission. I call upon all parents, caregivers and pool and spa operators to ensure that fencing and other layers of protection are in place; that there is constant supervision of children in and around the water; and that new, safer drain covers that prevent entrapment incidents are installed,&quot; said Acting Chairman Nord. &quot;I want to thank the Congress for providing CPSC with funds this year to implement the Virginia Graeme Baker Pool and Spa Safety Act. This is an important child safety law and CPSC will use the new funds to increase compliance with the law, educate on pool and spa safety measures, implement the state grant program, partner with state and local government on enforcement and make pools and spas even safer,&quot; added Nord.<br /><br />The critical law, aimed at saving children&rsquo;s lives, has largely been ignored, despite that failure to comply could result in facility closure. The law requires installation of anti-entrapment drain covers and other systems meant to prevent the tragic and hidden hazards that plague children in pools and spas.&nbsp; Under the law, all public pools and spas must have compliant drain covers installed; a second anti-entrapment system must be installed when there is only one, single main drain. Seasonal public pools and spas must be in compliance with the law on the day that they reopen.<br /><br />The CPSC is focusing on public wading pools, kiddie pools, and in-ground spas and has called upon state departments of health for enforcement. CPSC also launched a new Web site&mdash;www.PoolSafety.gov&mdash;that provides information about the P&amp;SS Act and drowning.<br /><br />To reduce accident risks, pool owners should adopt several layers of protection including physical barriers, such as a fence completely surrounding the pool with self-closing, self-latching gates to prevent unsupervised access by young children. If the house forms a side of the barrier, use alarms on doors leading to the pool area and/or a power safety cover over the pool. In addition, reports of children exiting the house via a pet door have been on the rise.<br /><br />The law was named after Virginia Graeme Baker, the seven-year-old granddaughter of former U.S. Secretary of State James Baker.&nbsp; The child died in a hot tub at a school party in 2002. Despite this and other horrible stories that discuss similar, gruesome tragedies, including stories about children spending a lifetime on feeding tubes, many states allow noncompliant pools to remain open.<br /><br />]]></content:encoded>
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		<title>Buffalo Crash Likely Caused by Pilot Error, Insufficient Training</title>
		<link>http://www.yourlawyer.com/articles/read/16547</link>		
		<pubDate>Tue, 12 May 2009 00:00:00 -0700</pubDate>
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		<guid isPermaLink="false">http://www.yourlawyer.com/articles/read/16547</guid>
		<description><![CDATA[There has been much ongoing speculation as to what caused the fatal Continental Flight 3407 crash that killed all 49 crew and passengers and one resident on the ground in Buffalo on February 12. Now, media outlets are pointing to grave pilot error and a background rife with incompetence, including insufficient training. The plane involved was a Bombardier Dash 8-Q400 turboprop, operated by Colgan Air.CBS News reported that Colgan Air confirmed...]]></description>
			<content:encoded><![CDATA[There has been much ongoing speculation as to what caused the fatal <a href="http://www.yourlawyer.com/topics/overview/airplane_accidents">Continental Flight 3407</a> crash that killed all 49 crew and passengers and one resident on the ground in Buffalo on February 12. Now, media outlets are pointing to grave pilot error and a background rife with incompetence, including insufficient training. The plane involved was a Bombardier Dash 8-Q400 turboprop, operated by Colgan Air.<br /><br />CBS News reported that Colgan Air confirmed that captain Marvin Renslow, 47, had five unsatisfactory test flights&mdash;known as &ldquo;check rides&rdquo;&mdash;with two taking place during his three years at Colgan; he had a mere two months experience on the Q400 turboprop; and he never received hands-on stall warning system training in simulation. The stall warning system is critical as it was inappropriate handling of the stick shaker activation&mdash;which alerts pilots that a stall is going to occur&mdash;that is believed to have caused the fatal crash, said CBS News.<br /><br />The stick pushes forward in such situations to dive the plane and pick up speed, but Renslow pulled up, which is the reverse of what pilots are taught, noted CBS, and which worsened the stall. Of note, Colgan argued that its training curriculum was reviewed and approved by the <a href="http://www.faa.gov/">Federal Aviation Administration</a> (FAA), reported CBS.<br /><br />It has long been speculated that the plane likely dropped to an unsafe slow speed, losing critical lift in its final landing approach.&nbsp; The onboard stall-warning system both alerted the pilot and automatically activated the &ldquo;stick pusher,&rdquo; a device in which the control column is pushed forward to angle the plane&rsquo;s nose down to regain speed.&nbsp; It was at this moment that pilot error might have occurred and when the pilot acted against established protocols, which call for pushing forward and lowering the nose to escape a stall.&nbsp; Instead, Renslow pulled back on the controls and added power, moves that resulted in the flight&rsquo;s fatal end.&nbsp; By attempting to raise the nose and maintaining controls, the pilot likely slowed the plane to a dangerous level in which an aerodynamic stall would have been guaranteed.<br /><br />The Wall Street Journal reported that the crash is also creating some controversy on how cockpit voice recordings are used: Colgan is looking to the recordings for future safety and discipline, while the Colgan pilot union is opposed. Transcripts of the fatal flight&rsquo;s cockpit conversations are scheduled to be released today, noted the Journal, which added that those who reviewed the transcripts revealed that the &ldquo;crew engaged in a prolonged chit-chat as the plane descended from cruise altitude and then prepared to land,&rdquo; a violation of &ldquo;basic aviation rules,&rdquo; in which conversations about nonflight issues during certain flight phases is prohibited.<br /><br />For instances, said the Journal, under the &quot;sterile cockpit rule,&quot; pilots on commercial flights are banned from &ldquo;extraneous conversations, especially when flying under 10,000 feet. The New York Daily News reports that, according to federal officials, &ldquo;their own idle&rdquo; cockpit &ldquo;chatter&rdquo; likely distracted the pilot and co-pilot.<br /><br />To compound matters, according to the Associated Press, co-pilot Rebecca Shaw&rsquo;s, 24, health and state of mind on the day of the flight are in question.&nbsp; It seems that although she might have been too tired to fly, she did not alert Colgan of her exhaustion; was a passenger on a red eye the night before; and was sick with a cold and congestion.<br /><br />]]></content:encoded>
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		<title>FAA Introduces New Medical Helicopter Rules</title>
		<link>http://www.yourlawyer.com/articles/read/16490</link>		
		<pubDate>Mon, 27 Apr 2009 00:00:00 -0700</pubDate>
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		<guid isPermaLink="false">http://www.yourlawyer.com/articles/read/16490</guid>
		<description><![CDATA[It is generally known that last year was the deadliest in emergency medical helicopter history, with accidents involving air-ambulance flights causing fatalities among patients and medical and flight crews. Finally, after much criticism and too many fatalities&mdash;35&mdash;last year alone&mdash;the Federal Aviation Administration (FAA) just announced it has plans to improve air ambulance safety, said the Houston Chronicle.Director of the...]]></description>
			<content:encoded><![CDATA[It is generally known that last year was the deadliest in emergency medical helicopter history, with <a href="http://www.yourlawyer.com/practice_areas/accidents">accidents</a> involving air-ambulance flights causing fatalities among patients and medical and flight crews. Finally, after much criticism and too many fatalities&mdash;35&mdash;last year alone&mdash;the <a href="http://www.faa.gov/">Federal Aviation Administration</a> (FAA) just announced it has plans to improve air ambulance safety, said the Houston Chronicle.<br /><br />Director of the FAA&rsquo;s flight standards service, John Allen, told a congressional aviation subcommittee that the FAA has begun &ldquo;developing new, stricter rules for medical helicopters,&rdquo; according to the Houston Chronicle.<br /><br />Late last year, federal accident investigators announced that the air-ambulance industry and its regulators moved too slowly to stop the onslaughts of accidents that involved nine air-ambulance crashes and 35 deaths.&nbsp; According to a prior piece in the Washington Post, 29 deaths took place in the course of 13 emergency medical flights over one year, noting that the accidents, according to safety experts, were caused by human error or bad weather, to name a couple.<br /><br />Five of the crashes involved night flying in poor weather in which the pilots were unprepared, said the National Transportation Safety Board (NTSB), according to an earlier USA Today report, which also noted that six deaths involved patients, representing the most deaths in a 12-month period for that industry.&nbsp; The NTSB also learned that pilots broke rules or exercised risky behavior&mdash;such as a pilot agreeing to fly in inclement weather after another pilot refused to do so&mdash;in three of the cases.<br /><br />The move to increase safety standards follows numerous unprecedented, highly publicized patient deaths and accidents and ongoing criticism that regulators did not move quickly enough, said the Houston Chronicle. &ldquo;The recent accident level is alarming and it is unacceptable,&rdquo; said Robert Sumwalt, a member of the NTSB. &ldquo;We are very pleased to hear the FAA announce a rule-making initiative,&rdquo; quoted the Houston Chronicle.<br /><br />Late last year, federal accident investigators announced that the air-ambulance industry and its regulators moved too slowly to stop the onslaughts of accidents and, in January 2006, the NTSB urged the FAA to make air-ambulance flights subject to more stringent operating rules, require companies to address possible risks before each flight, and install devices that warn pilots in danger of accidentally striking the ground or other obstructions. An earlier USA Today report revealed a number of cases in which pilots ignored or defied rules and the Washington Post noted that safety experts complain that medical helicopter regulations are more lenient that those governing general commercial aviation.<br /><br />Other safety experts and lawmakers have also been after the FAA to mandate safety hardware for medical helicopters, said the Journal in a prior report, which pointed out that the FAA has relied on voluntary industry compliance instead.&nbsp; It took a number of scandalous accidents and numerous deaths for the FAA to take a closer look at ways to improve its operations.<br /><br />Now, the FAA will require medical helicopter operators to change procedures and use new equipment; however, writing and implementing the rules could take years. The FAA is also calling for warning system installation to alert pilots before they fly into ground and will &ldquo;require operators to formalize the process for evaluating risks and deciding whether to accept flights,&rdquo; said the Houston Chronicle.<br /><br />]]></content:encoded>
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		<title>Medical Helicopter Study Spurs Debate</title>
		<link>http://www.yourlawyer.com/articles/read/16461</link>		
		<pubDate>Tue, 21 Apr 2009 00:00:00 -0700</pubDate>
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		<guid isPermaLink="false">http://www.yourlawyer.com/articles/read/16461</guid>
		<description><![CDATA[Last year was the deadliest in emergency medical helicopter history, with rule violations and dangerous actions on air-ambulance flights causing fatalities among patients and medical and flight crews, according to a recent USA Today report.&nbsp; Now, the Wall Street Journal reports that industry groups have been at odds over how to reduce these risks and accidents.A Textron Inc.&rsquo;s Bell Helicopter-commissioned safety study&mdash;to be...]]></description>
			<content:encoded><![CDATA[Last year was the deadliest in emergency medical helicopter history, with rule violations and dangerous actions on air-ambulance flights causing fatalities among patients and medical and flight crews, according to a recent USA Today report.&nbsp; Now, the Wall Street Journal reports that industry groups have been at odds over how to reduce these risks and <a href="http://www.yourlawyer.com/practice_areas/accidents">accidents</a>.<br /><br />A Textron Inc.&rsquo;s Bell Helicopter-commissioned safety study&mdash;to be released Monday&mdash;is causing division in the industry, with Bell taking a step back, said the Journal.&nbsp; The study&mdash;prepared by Aerospace Risk Management Inc., a global consulting firm&mdash;is described by industry insiders as the most comprehensive of its kind, said the Journal.&nbsp; The Journal notes that the report addresses patient and crew safety and looks at a broad range of topics including a variety of industry-wide issues that have long threatened safety.&nbsp; Aerospace Risk is known for its industry advisory work with airlines and helicopter operators.<br /><br />Late last year, federal accident investigators announced that the air-ambulance industry and its regulators moved too slowly to stop the onslaughts of accidents that involved nine air-ambulance crashes and 35 deaths.&nbsp; According to a prior piece in the Washington Post, 29 deaths took place in the course of 13 emergency medical flights over one year, noting that the accidents, according to safety experts, were caused by human error or bad weather, to name a couple.<br /><br />Five of the crashes involved night flying in poor weather in which the pilots were unprepared, said the <a href="http://www.ntsb.gov/">National Transportation Safety Board</a> (NTSB), according to the USA Today report, which also noted that six deaths involved patients, representing the most deaths in a 12-month period for that industry.&nbsp; The NTSB also learned that pilots broke rules or exercised risky behavior&mdash;such as a pilot agreeing to fly in inclement weather after another pilot refused to do so&mdash;in three of the cases.<br /><br />The report was meant to promote accord and cooperation around &ldquo;voluntary safety issues,&rdquo; said the Journal, which were also meant to help stave &ldquo;regulatory or legislative&rdquo; actions.&nbsp; This is no longer the case.&nbsp; Expected to present some procedural challenges to companies who have long followed unchanging practices, the report has its critics, said the Journal.&nbsp; Although some within the industry back the study and dozens of companies submitted information, members of the Air Medical Operators&mdash;a group representing firms that fly what are considered &ldquo;some of the largest emergency medical fleets&rdquo;&mdash;are reportedly critical, said the Journal. <br /><br />Apparently, the report was to be released along with an announcement including those industry associations and helicopter safety groups willing to collaborate on solutions, said the Journal, but some operators &ldquo;have threatened to withhold or cancel orders from Bell if the company released the report under its own name.&rdquo;&nbsp; In response, Bell moved the report to safety advocacy group, the Flight Safety Foundation.<br /><br />Kimberley Turner, chief executive of Aerospace Risk Management, said the reactions reflect the &ldquo;relative immaturity&rdquo; of industry and that &ldquo;a mature industry with a well-established safety culture,&rdquo; said the Journal &quot;wouldn't balk at having all the risks laid out on paper,&quot; it quoted.<br /><br />]]></content:encoded>
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		<title>Crocs Lawsuit Raises Concerns About Popular Shoes, Escalators</title>
		<link>http://www.yourlawyer.com/articles/read/16444</link>		
		<pubDate>Mon, 20 Apr 2009 00:00:00 -0700</pubDate>
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		<guid isPermaLink="false">http://www.yourlawyer.com/articles/read/16444</guid>
		<description><![CDATA[Crocs shoes are raising safety worries, following an accident involving an escalator and a 4-year-old boy.&nbsp; According to a report on News-Press.com, the child was severely injured last month at Miami International Airport after one of his Crocs became trapped in an escalator. &nbsp;The boy's family has sued Crocs Inc. because of his injuries.&nbsp; The Crocs lawsuit claims the company has failed to warn consumers about the dangers posed by...]]></description>
			<content:encoded><![CDATA[Crocs shoes are raising safety worries, following an accident involving an escalator and a 4-year-old boy.&nbsp; According to a report on News-Press.com, the child was severely injured last month at Miami International Airport after one of his Crocs became trapped in an escalator. &nbsp;<br /><br />The boy's family has sued Crocs Inc. because of his injuries.&nbsp; The <a href="http://www.yourlawyer.com/practice_areas/product_liability">Crocs lawsuit</a> claims the company has failed to warn consumers about the dangers posed by the popular shoes.<br /><br />Soft sided shoes&nbsp; like Crocs are more pliable and malleable than other shoes, so they're more prone to get stuck in an escalator.&nbsp; Last May, the <a href="http://www.cpsc.gov/">Consumer Products Safety Commission (CPSC)</a> issued an escalator safety warning after it received reports of 77 entrapment incidents since January 2006.&nbsp; Half involved serious injuries, and all but two of those incidents involved soft-sided shoes like Crocs, the CPSC said. <br /><br />Following that warning, Crocs Inc. announced plans to launch an escalator safety awareness initiative.&nbsp; The campaign was to include the addition of hang tags on Crocs that provided information on escalator safety.&nbsp; When Crocs. Inc. announced the campaign last summer, it said the hang tags would appear on new Crocs within the &quot;next few months&quot;.&nbsp; According to a report on WPTV.com, even though those tags were added to Crocs in Japan last year, they are not yet available in the&nbsp; United States.<br /><br />According to News-Press, the 4-year-old boy injured at Miami International Airport sustained multiple fractures to his toes after one of his Crocs got sucked into the side of the escalator and became trapped.&nbsp; The boy had escalator grease in his foot down to the bone, the report said. The child is now in a wheelchair, and is expected to need the device for some time.<br /><br />The attorney representing the child's family in their lawsuit against Crocs Inc. claims that since 2005,&nbsp; the company has received more than 235 reports of children getting trapped in escalators.&nbsp; The family's lawsuit seeks $6 million in damages.<br /><br />The Miami incident was not the first involving Crocs.&nbsp; In fact, at least three other lawsuits are pending against Crocs Inc.&nbsp; According to News-Press, in April, a family sued for $7.5 million after a 6-year-old boy's big toe was injured in an escalator at the National Aquarium in Baltimore. Last July, a mother sued for $4 million after her 3-year-old girl daughter's foot was permanently injured in Hartsfield-Jackson International Atlanta International Airport, and last September, the parents of a 4-year-old boy sued for $2 million after his foot was crushed in an escalator at the same Atlanta airport, News-Press said.<br /><br />According to WPTV.com, Crocs has settled similar claims with at least four other families.<br /><br />The attorney involved in the Miami lawsuit told WPTV.com that many Crocs accidents could have been prevented had the shoes come with adequate warnings.&nbsp; &quot;This is not a case of an inadequate warning, this is a case of no warning at all,&quot; the attorney said.<br /><br />]]></content:encoded>
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		<title>Children's Deaths Over TV Tipovers on the Rise</title>
		<link>http://www.yourlawyer.com/articles/read/16418</link>		
		<pubDate>Tue, 14 Apr 2009 00:00:00 -0700</pubDate>
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		<guid isPermaLink="false">http://www.yourlawyer.com/articles/read/16418</guid>
		<description><![CDATA[We have long written about the dangers children&rsquo;s toys pose over lead contamination and choking, fall, and fire hazards, to name a few; however, it seems deaths related to television tipovers pose an increasing hazard.KJRH reported that dozens of children are killed each year by televisions that tip over and that number is on the rise.&nbsp; According to Consumer Reports, said KJRH, televisions, when they fall from a piece of furniture,...]]></description>
			<content:encoded><![CDATA[We have long written about the dangers children&rsquo;s toys pose over lead contamination and choking, fall, and fire hazards, to name a few; however, it seems deaths related to <a href="http://www.yourlawyer.com/practice_areas/product_liability">television tipovers</a> pose an increasing hazard.<br /><br />KJRH reported that dozens of children are killed each year by televisions that tip over and that number is on the rise.&nbsp; According to Consumer Reports, said KJRH, televisions, when they fall from a piece of furniture, for instance, pose serious, sometimes deadly dangers to children.&nbsp; Typically, the accidents occur when a television is placed on furniture not meant to accommodate the TV and children use that furniture as a sort of ladder to climb to the television, said KJRH.&nbsp; The situation becomes unstable and the television can fall over and crush the child.<br /><br />Consumer Reports looked into how much force is needed to tip a variety of televisions placed on a dresser and found that the larger televisions were not the easiest to topple, said KJRH.&nbsp; The findings prompted Consumer Reports to warn consumers not to ever place a television on a dresser or other piece of furniture not intended for a TV.&nbsp; KJRH also pointed out that Consumer Reports noted that consumers should exercise caution with what television stands they use for their TVs; the U.S. <a href="http://www.cpsc.gov/">Consumer Product Safety Commission</a> (CPSC) has recalled a number of such stands.<br /><br />Consumer Reports also urges consumers to place televisions &ldquo;on very heavy, stable furniture that has no drawers,&rdquo; said KJRH, adding that in the best case, consumers should attach the furniture to the wall or to ensure the television is pushed away from the table edge, close to the wall, regardless of the size of the set.<br /><br />Earlier this month, NewsOK wrote about a two-year-old boy in Oklahoma who died after a television in his home fell on him.&nbsp; The TV was sitting on top of a cabinet or dresser and was not attached to the wall.&nbsp; The toddler climbed the furniture and the TV fell, with the child underneath, said NewsOK, which added that there were three incidents last year in that state that involved children being injured in similar accidents.<br /><br />The CPSC Website indicates that 2005 estimates revealed that at least 3,000 children under the age of five were treated in U.S. hospital emergency rooms due to injuries associated with TV tipovers.&nbsp;&nbsp; The CPSC also said that from 2000 through 2005, it received reports of 36 TV tipover and 65 furniture tipover deaths, with the vast majority&mdash;over 80 percent&mdash;involving young children.<br /><br />The CPSC suggests that consumers confirm that the furniture used to hold the television is stable on its own and that the furniture be attached to the wall.&nbsp; The CPSC also suggests anchoring such furniture&mdash;entertainment units, TV stands, bookcases, shelving, and bureaus&mdash;to the floor and that appropriate hardware (brackets, screws, toggles) be used.&nbsp; The CPSC warns that televisions should only ever be placed &ldquo;on sturdy furniture appropriate for the size of the TV or on a low-rise base&rdquo;; that the television be pushed as far back as possible; and that electrical cords be placed out of the reach of children, with children taught not to play with the cords.&nbsp; Also, items tempting to children&mdash;toys, remote controls&mdash;should be removed from the tops of televisions and furniture.<br /><br />]]></content:encoded>
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		<title>Long History of Flaws at TVA Facility</title>
		<link>http://www.yourlawyer.com/articles/read/16377</link>		
		<pubDate>Tue, 07 Apr 2009 00:00:00 -0700</pubDate>
		<dc:creator></dc:creator>		
		<guid isPermaLink="false">http://www.yourlawyer.com/articles/read/16377</guid>
		<description><![CDATA[We have long been reporting about the December 22, 2008 Tennessee Valley Authority (TVA) fly ash spill that dumped a massive 5.4 million cubic yards of coal sludge in Tennessee&rsquo;s Emory and Clinch rivers and 300 acres surrounding its Kingston plant.&nbsp; Now, Knoxville News is reporting about numerous issues that likely led to the catastrophic spill that left mountains of waste and destruction in its wake.According to Knoxville News, a...]]></description>
			<content:encoded><![CDATA[We have long been reporting about the December 22, 2008 <a href="http://www.yourlawyer.com/topics/overview/Tennessee_Fly_Ash_Spill">Tennessee Valley Authority (TVA) fly ash spill</a> that dumped a massive 5.4 million cubic yards of coal sludge in Tennessee&rsquo;s Emory and Clinch rivers and 300 acres surrounding its Kingston plant.&nbsp; Now, Knoxville News is reporting about numerous issues that likely led to the catastrophic spill that left mountains of waste and destruction in its wake.<br /><br />According to Knoxville News, a review of the records provided in response to the accident have revealed a variety of issues, for example:<br /><br /><ul><li>Engineers raised questions about the walls' stability for decades. In-house engineers noted that the dikes holding ash sludge were incorrectly built and not designed to rise as high as they did.</li><li>Dike C, which failed, leaked chronically; was not built to engineers' specifications; was used as a foundation for dredge cells, which would increase risk of seepage; and was never intended to be a foundation.</li><li>Dike B, which failed, was designed to be built as earth, but was built of ash; &quot;The exterior dikes were not designed for additional interior loads&rdquo;; showed apparent seeps and erosion; revealed danger due to water movement; and suffered a &ldquo;blowout&rdquo; in 2003 due to excessive piping of water through the ashen walls.&nbsp; In 2006, the cell ruptured in the same spot for the same reason.</li><li>Dikes required constant re-engineering and maintenance; in-house and consulting engineers continually proposed fixes.</li><li>TVA did not halt dredging this winter but had been known to in past during &ldquo;the rainier winter months.&rdquo;</li><li>The pond was built on clay, which has led experts to speculate that failure was inevitable since increasing the stack also increased pressure on the foundation.</li></ul><br /><a href="http://www.tva.org/">TVA</a> has spent in excess of $68 million in cleanup and $11 million in property acquisitions, to date, with total costs estimated at about $845 million, not including &ldquo;litigation, penalties and settlements,&rdquo; said Knoxville News.<br /><br />There are environmental dangers resulting from the TVA spill, which are exposing area residents and the environment to some serious and dangerous health and environmental problems, such as radium and arsenic exposure. In an earlier report, the Tennessean discussed the potential for dangerous amounts of selenium being released in area waterways and ReadItNews noted that no known coal burning site&mdash;including the now infamous Kingston site&mdash;are subject to federal regulation, inspection, or environmental monitoring.<br /><br />Numerous studies conclude that coal dumps leach dangerous toxins into the environment that can cause cancer, birth defects, and other serious health outcomes in water and wildlife populations, but the TVA states that sampling results indicate its air and water quality tests meet government standards and that heavy metal levels are below hazardous waste classifications, said KnoxNews in a prior report.&nbsp; Water samples reveal mercury levels above and below the criteria for protecting fish for consumption and, while some tests indicated levels that passed the Chronic Water Quality Criteria test, they failed the domestic water supply test, said Volunteer TV/WVLT previously.<br /><br />]]></content:encoded>
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		<title>TVA Claims Water Near Fly Ash Spill Safe for Recreation, Tests Disagree</title>
		<link>http://www.yourlawyer.com/articles/read/16332</link>		
		<pubDate>Tue, 31 Mar 2009 00:00:00 -0700</pubDate>
		<dc:creator></dc:creator>		
		<guid isPermaLink="false">http://www.yourlawyer.com/articles/read/16332</guid>
		<description><![CDATA[The Tennessee Valley Authority (TVA) just announced that damaged roads are being resurfaced, river dredging continues, and word should be released soon regarding to where the massive mountain of coal fly ash that spilled on December 22&nbsp; will be moved, reports KnoxNews.&nbsp; The TVA spill dumped 5.4 million cubic yards of coal sludge in Tennessee&rsquo;s Emory and Clinch rivers and 300 acres surrounding its Kingston plant in Eastern...]]></description>
			<content:encoded><![CDATA[The Tennessee Valley Authority (TVA) just announced that damaged roads are being resurfaced, river dredging continues, and word should be released soon regarding to where the massive mountain of <a href="http://www.yourlawyer.com/topics/overview/Tennessee_Fly_Ash_Spill">coal fly ash</a> that spilled on December 22&nbsp; will be moved, reports KnoxNews.&nbsp; The TVA spill dumped 5.4 million cubic yards of coal sludge in Tennessee&rsquo;s Emory and Clinch rivers and 300 acres surrounding its Kingston plant in Eastern Tennessee.<br /><br />Volunteer TV/WVLT reported that over 100 residents attended last night&rsquo;s status update, the second since the spill occurred.&nbsp; According to KnoxNews, among other initiatives, the TVA is preparing a policy in which independent medical professionals will meet with those who filed health claims.&nbsp; KnoxNews also reported that TVA announced it dredged over 7,500 cubic yards of ash from the Emory River since mid-March, with work extending three additional hours daily, effective immediately.<br /><br />We have long been reporting on the environmental dangers resulting from the TVA spill and how that accident is exposing area residents and the environment to some serious and dangerous health and environmental problems, such as radium and arsenic exposure.&nbsp; In an earlier report, the Tennessean discussed the potential for dangerous amounts of selenium being released in area waterways and ReadItNews noted that no known coal burning sites&mdash;including the now infamous TVA Kingston site&mdash;are subject to federal regulation, inspection, or environmental monitoring, adding that such oversight likely would have prevented the historic <a href="http://www.tva.gov/kingston/index.htm">TVA</a> fly ash spill.<br /><br />Numerous studies have concluded that coal dumps leach dangerous toxins into the environment that can cause cancer, birth defects, and other serious health outcomes in water and wildlife populations, but the TVA states that sampling results indicate its air and water quality tests meet government standards and that heavy metal levels are below hazardous waste classifications, reported KnoxNews.&nbsp; Bonnie Swinford an environmental activist with United Mountain Defense said that it is conducting its own testing and feels the TVA should be releasing information on minimum acceptable levels on the tests it conducts said KnoxNews.<br /><br />TVA said the area nearest the spill should be avoided, but water sports up and downstream are fine, reported Volunteer TV/WVLT; however, others argue the water is not safe anywhere near the spill and heavy metals are present in the affected Emory and Clinch rivers.&nbsp; Although the TVA reports the area is safe, the Tennessee Department of Environment and Conservation (TDEC) stated that &ldquo;several&rdquo; water samples revealed metal levels that did not pass the &ldquo;Tennessee&rsquo;s Chronic Water Quality Criteria for protecting aquatic life,&rdquo; reported Volunteer TV/WVLT, saying such metals included aluminum, cadmium, copper, iron, and lead; some samples from the Emory River and near the spill failed to pass because of high arsenic levels.<br /><br />Also, water samples tested with mercury levels above and below the criteria for protecting fish for consumption and, while some tests indicated levels that passed the Chronic Water Quality Criteria test, they failed the domestic water supply test, said Volunteer TV/WVLT.<br /><br />Meanwhile, the Tennessean is reporting that a Congressional committee is meeting today to learn why the accident occurred and will look at response and implication issues, citing the Subcommittee on Water Resources and Environment.&nbsp; In addition to the TVA, the Environmental Protection Agency (EPA), TDEC, and Duke University representatives will appear, said the Tennessean.<br /><br />]]></content:encoded>
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		<title>Whitestone Bridge Reopened After Friday Accident</title>
		<link>http://www.yourlawyer.com/articles/read/16321</link>		
		<pubDate>Mon, 30 Mar 2009 00:00:00 -0700</pubDate>
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		<guid isPermaLink="false">http://www.yourlawyer.com/articles/read/16321</guid>
		<description><![CDATA[A construction truck traveling across the Bronx-Whitestone Bridge in New York City hit an overhead sign last Friday afternoon,&nbsp; causing it to crash onto all five lanes of the bridge deck.&nbsp; Two people in the truck were injured, and the bridge was closed for several hours.The accident resulted in the closure of the Whitestone Bridge in both directions, and traffic was rerouted to&nbsp; the Throgs Neck or Robert F. Kennedy Bridges.&nbsp;...]]></description>
			<content:encoded><![CDATA[A <a href="http://www.yourlawyer.com/topics/overview/truck_accidents">construction truck</a> traveling across the Bronx-Whitestone Bridge in New York City hit an overhead sign last Friday afternoon,&nbsp; causing it to crash onto all five lanes of the bridge deck.&nbsp; Two people in the truck were injured, and the bridge was closed for several hours.<br /><br />The accident resulted in the closure of the Whitestone Bridge in both directions, and traffic was rerouted to&nbsp; the Throgs Neck or Robert F. Kennedy Bridges.&nbsp; The bridge was reopened around 7:00 p.m. Friday.<br /><br />According to The New York Times, the truck was operated by Alpha Painting and Construction Company, a contractor for the <a href="http://www.mta.info/">Metropolitan Transportation Authority</a> that had been hired to paint the bridge&rsquo;s towers. The vehicle was described as a pick-up truck with &quot;cherry-picker&quot; type boom attached. <br /><br />According to a witness interviewed by WPIX News, the truck apparently failed to lower its boom.&nbsp; The boom was caught on the overhead sign as it passed underneath, causing it to topple.<br /><br />&quot;I heard twisting metal and I looked in my rear-view mirror and I could see the bottom of the truck with the front wheels off the ground,&quot; the witness told WPIX News. &quot;The boom had got caught on that sign and almost flipped that car entirely over.&quot;&nbsp; The truck was standing on its back wheels for a short time before it came crashing to the ground.<br /><br />Two people&nbsp; who had been sitting in the back of the pickup fell off as a result of the impact.&nbsp; According to The New York Times, one had a head injury and another had a fracture leg.&nbsp; Both men were taken to New York Queens Hospital. <br /><br />No other motorists or passengers were hurt.&nbsp; However, one car - a Mercedes - did sustain damage.<br /><br />]]></content:encoded>
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		<title>Pilot Error Likely to Blame in Buffalo Plane Crash</title>
		<link>http://www.yourlawyer.com/articles/read/16309</link>		
		<pubDate>Thu, 26 Mar 2009 00:00:00 -0700</pubDate>
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		<guid isPermaLink="false">http://www.yourlawyer.com/articles/read/16309</guid>
		<description><![CDATA[Federal investigators have been analyzing the events leading up to the Buffalo, New York plane crash that killed 50 people in February, and are specifically looking at pilot training and the pilot&rsquo;s responses in his final moments.&nbsp; Now, according to CNN, the crew might be to blame in its handling of the plane&rsquo;s stall.On February 12, the Continental Connection Flight 3407&mdash;a Colgan Air Bombardier Dash 8 Q400&mdash;crashed...]]></description>
			<content:encoded><![CDATA[Federal investigators have been analyzing the events leading up to the<a href="http://www.yourlawyer.com/topics/overview/airplane_accidents"> Buffalo, New York plane crash</a> that killed 50 people in February, and are specifically looking at pilot training and the pilot&rsquo;s responses in his final moments.&nbsp; Now, according to CNN, the crew might be to blame in its handling of the plane&rsquo;s stall.<br /><br />On February 12, the Continental Connection Flight 3407&mdash;a Colgan Air Bombardier Dash 8 Q400&mdash;crashed into a home near the Buffalo-Niagara International Airport, killing all 49 passengers and crew and one man in the house.<br /><br />Apparently, the crew pulled back on the plane&rsquo;s control, worsening the stall situation, said CNN citing the <a href="http://www.ntsb.gov/Pressrel/2009/090325.html">National Transportation Safety Board</a> (NTSB) and information it received from a veteran pilot.<br /><br />According to investigators, said FoxNews in a report last month, the plane likely dropped to an unsafe slow speed, losing critical lift in its final landing approach.&nbsp; The onboard stall-warning systems both alerted the pilot and automatically activated the &ldquo;stick pusher,&rdquo; a device in which the control column is pushed forward to angle the plane&rsquo;s nose down to regain speed.&nbsp; It was at this moment that pilot error might have occurred and when the pilot acted against established protocols, which call for pushing forward and lowering the nose to escape a stall.&nbsp; Instead, said FoxNews, the pilot pulled back on the controls and added power, moves that resulted in the flight&rsquo;s fatal end.&nbsp; By attempting to raise the nose and maintaining controls, the pilot might have slowed the plane to a dangerous level in which an aerodynamic stall would have been guaranteed, said the Buffalo News last month.<br /><br />The NTSB has not confirmed the crash&rsquo;s cause, said CNN, pointing out that the cockpit voice recorder revealed that the pilot and his first officer discussed &ldquo;significant&rdquo; ice buildup that was forming on the plane&rsquo;s windshield and wings.&nbsp; While such buildup can present problems, it has not been found to have any significant impact on this case, said CNN, according to the NTSB.&nbsp; Also, the investigation has not revealed any aircraft system failure and the NTSB reported that the &ldquo;stick shaker,&rdquo; or stall warning device, was also operating normally.&nbsp; According to a statement issued by NTSB acting chairman, Mark Rosenker, &quot;The circumstances of the crash have raised several issues that go well beyond the widely discussed matter of airframe icing.&quot; <br /><br />Regarding the stall warning, &quot;What you don't want to do is aggravate the situation,&quot; said the veteran pilot who was speaking to CNN on the condition of anonymity because he had not sought approval from his airline to speak on the matter. &quot;By pulling it up without adding power, you're aggravating the situation,&quot; the pilot added.<br /><br />The NTSB plans on investigating, among other items, &quot;stall recovery training.&quot;&nbsp; Doug Moss, a United Air Lines pilot and aerospace consultant, said the NTSB &quot;is really looking at&quot; this training, in particular, adding that, &quot;It's easy to build a lot of experience in airline flying without ever getting close to the edges of the envelope,&quot; quoted CNN.<br /><br />CNN noted that the NTSB confirmed that flight crew toxicology reports were negative for alcohol or illicit substances; however, the captain tested positive for Diltiazem.&nbsp; Diltiazem is a prescription blood pressure medication the Federal Aviation Administration (FAA) permitted the pilot to use.<br /><br />]]></content:encoded>
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		<title>EPA Responds to TVA Fly Ash Catastrophe</title>
		<link>http://www.yourlawyer.com/articles/read/16302</link>		
		<pubDate>Wed, 25 Mar 2009 00:00:00 -0700</pubDate>
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		<guid isPermaLink="false">http://www.yourlawyer.com/articles/read/16302</guid>
		<description><![CDATA[The devastating Tennessee Valley Authority (TVA) fly ash spill that released 5.4 million cubic yards of coal sludge in Eastern Tennessee last December is a catastrophe that never should have happened, according to the U.S. Environmental Protection Agency (EPA).ReaditNews is now reporting that the EPA is working on plans to prevent future spills, including collecting coal ash impoundment information from electrical utilities, conducting on-site...]]></description>
			<content:encoded><![CDATA[The devastating <a href="http://www.yourlawyer.com/topics/overview/Tennessee_Fly_Ash_Spill">Tennessee Valley Authority</a> (TVA) fly ash spill that released 5.4 million cubic yards of coal sludge in Eastern Tennessee last December is a catastrophe that never should have happened, according to the U.S. <a href="http://www.epa.gov/">Environmental Protection Agency</a> (EPA).<br /><br />ReaditNews is now reporting that the EPA is working on plans to prevent future spills, including collecting coal ash impoundment information from electrical utilities, conducting on-site integrity and vulnerability assessments, issuing clean-up and repair orders, and enhancing safety regulations, said ReadItNews.&nbsp; Critics say these steps should have been taken by the agency charged with environmental protection long ago, ReadItNews reported.<br /><br />The 5.4 million cubic yards of coal sludge translates into a land flood of over 300 acres as well as water pollution destruction in large portions of the Emory and Clinch rivers.&nbsp; Wildlife, water life, homes, and property were damaged, with some houses decimated irreparably.&nbsp; According to ReadItNews, the clean-up costs have been recently estimated to run anywhere between $525 million and $825 million, which, it pointed out, does not include necessary long-term cleanup.<br /><br />Earlier this month, we wrote about another accident that dumped 4,000 gallons of coal ash sludge into the Potomac River in Maryland after a pipeline ruptured at a coal-burning power plant.&nbsp; The spill began on a Sunday evening and continued until that Monday morning, continuously spilling the slurry until a routine inspection by employees discovered the accident.&nbsp; Now, ReadItNews reports that over 1,300 similar dumps exist nationwide, with most &ldquo;unregulated and unmonitored&rdquo; and containing an aggregate in excess of billions of gallons of fly ash and other &ldquo;by-products of burning coal for energy.&rdquo;<br /><br />We have been reporting on the environmental dangers resulting from the TVA spill and how that accident is exposing area residents and the environment to some serious and dangerous health and environmental problems, such as radium and arsenic exposure, as well as the potential for dangerous amounts of selenium being released in the area waterways, according to an earlier report by the Tennessean.&nbsp;&nbsp; ReadItNews noted that the known dumps&mdash;some of which can encompass 1,500 acres&mdash;also contain dangerous heavy metals such as arsenic, lead, mercury, and selenium.&nbsp; Worse, none of the sites&mdash;including the now infamous TVA Kingston site&mdash;are subject to federal regulation, inspection, or environmental monitoring, said ReadItNews, adding that such oversight likely would have prevented the historic TVA fly ash spill.<br /><br />And, even though the EPA issued a warning in the past decade about coal ash containing high arsenic levels, the residue is used for &ldquo;construction fill, mine reclamation, and other &lsquo;beneficial uses,&rsquo;&rdquo; such as in agriculture to &ldquo;improve the ability of soils to hold water,&rdquo; said ReadItNews.&nbsp; Not surprising that the EPA has partnered with the American Coal Ash Association, the Utility Solid Waste Activities Group, the U.S. Department of Energy, U.S. Department of Agriculture-Agricultural Research Service, U.S. Federal Highway Administration, and Electric Power Research Institute to promote Coal Combustion Products (CCPs).&nbsp; Perhaps the need to promote its use might be linked to the 131 million tons of CCPs produced in 2007, alone, a significant increase from 90 million tons in 1990, said ReadItNews.<br /><br />Numerous studies have concluded that coal dumps leach dangerous toxins into the environment that can cause cancer, birth defects, and other serious health outcomes in &ldquo;humans, fish, bird, and frog populations,&rdquo; but state regulations are uneven and there are no federal standards in place, said ReadItNews.&nbsp; And, while the EPA has been looking at the issue for about three decades, it has never stated that the toxic residue is, in fact, a hazardous waste, which is contributing to the lack of regulation, ReadItNews added.<br /><br />]]></content:encoded>
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		<title>Some Boeing 777s At Risk for Power Loss Because of Engine Flaw, NTSB Says</title>
		<link>http://www.yourlawyer.com/articles/read/16240</link>		
		<pubDate>Mon, 16 Mar 2009 00:00:00 -0700</pubDate>
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		<guid isPermaLink="false">http://www.yourlawyer.com/articles/read/16240</guid>
		<description><![CDATA[U.S. transportation regulators are questioning the safety of some Boeing 777s built with Rolls-Royce engines.&nbsp; Apparently, the National Transportation Safety Board (NTSB) is not convinced that procedures recently adopted by airlines flying Boeing 777s will prevent a potentially catastrophic power loss related to a defect in the Rolls-Royce engine.According to a report posted on Reuters.com, Boeing 777s with Rolls-Royce engines could lose...]]></description>
			<content:encoded><![CDATA[U.S. transportation regulators are questioning the safety of some Boeing 777s built with Rolls-Royce engines.&nbsp; Apparently, the National Transportation Safety Board (NTSB) is not convinced that procedures recently adopted by airlines flying Boeing 777s will prevent a <a href="http://www.yourlawyer.com/topics/overview/airplane_accidents">potentially catastrophic power loss</a> related to a defect in the Rolls-Royce engine.<br /><br />According to a report posted on Reuters.com, Boeing 777s with Rolls-Royce engines could lose power in freezing weather due to accumulation of ice in the fuel supply. The Boeing 777 engine defect has already&nbsp; been implicated in two accidents.<br />&nbsp;<br />According to a report posted on TimesOnline, one occurred last January&nbsp; when a British Airways flight lost power in both engines during final approach and crashed at London's Heathrow Airport.&nbsp; The aircraft&rsquo;s landing gear was ripped off, but only one passenger out of the 152 on board was seriously hurt.<br /><br />According to Reuters, a Delta Air Lines Boeing 777 suffered a similar loss of engine power while flying between Shanghai and Atlanta in November.&nbsp; The pilot followed a standard procedure to recover engine power and landed the jet safely at its planned destination.<br /><br />Following the two incidents, Boeing issued new procedures to help prevent ice    accumulation, and to  recover thrust in cases of ice    blockage.&nbsp; The <a href="http://www.ntsb.gov/Pressrel/2009/090311.html">NTSB</a> said that while the mandatory procedures did reduce the risk of ice blocking the fuel supply, the added burden placed on pilots who have to implement them might cause other hazards.<br /><br />According to the Atlanta Business Journal, the NTSB is recommending that the Federal Aviation Administration&nbsp; require Rolls-Royce to redesign the engine's heat exchanger to prevent ice from restricting fuel flow. It is also recommending the redesigned part be installed within six months of its certification to fly or during an aircraft&rsquo;s next scheduled maintenance.<br /><br />Yet despite the urgent nature of its recommendation, the NTSB has not called for the grounding of Boeing 777s with Rolls-Royce engines&nbsp; That means that around 220 Boeing 777s with the potentially deadly engine flaw will stay in the air.<br /><br />According to Reuters, the NTSB said that Rolls-Royce is working on the component change but it may not be ready for installation for another 12 months.<br /><br />]]></content:encoded>
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		<title>Maryland Fly Ash Spill</title>
		<link>http://www.yourlawyer.com/articles/read/16224</link>		
		<pubDate>Thu, 12 Mar 2009 00:00:00 -0700</pubDate>
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		<guid isPermaLink="false">http://www.yourlawyer.com/articles/read/16224</guid>
		<description><![CDATA[We have long been reporting on the catastrophic Tennessee Valley Authority (TVA) fly ash spill that took place this past December and spilled 5.4 millions cubic yards of fly ash, decimating the environment in that state.&nbsp; Now, another accident has dumped 4,000 gallons of coal ash sludge into the Potomac River in Maryland this weekend.Nashville Scene reported that a pipeline ruptured on Sunday at a coal-burning power plant, which...]]></description>
			<content:encoded><![CDATA[We have long been reporting on the catastrophic <a href="http://www.yourlawyer.com/topics/overview/Tennessee_Fly_Ash_Spill">Tennessee Valley Authority (TVA) fly ash spill</a> that took place this past December and spilled 5.4 millions cubic yards of fly ash, decimating the environment in that state.&nbsp; Now, another accident has dumped 4,000 gallons of coal ash sludge into the Potomac River in Maryland this weekend.<br /><br />Nashville Scene reported that a pipeline ruptured on Sunday at a coal-burning power plant, which contaminated the West Virginia banks of the Potomac.&nbsp; The hole that caused the spill that began on Sunday evening and continued until Monday morning was reported to be about the size of a dime, but continuously spilled the slurry until a routine inspection by employees turned up the slurry accident.<br /><br />We have also been reporting on the environmental dangers resulting from the devastating TVA fly ash spill that is exposing area Tennessee residents and the environment to some serious and dangerous health and environmental problems, such as radium and arsenic exposure.&nbsp; Radium&mdash;a Group-A carcinogenic material according to the <a href="http://www.epa.gov/">Environmental Protection Agency</a> (EPA)&mdash;exposure can lead to cancer.&nbsp; Arsenic, a dangerously toxic metal, can increase the risk of some cancers, skin damage, and circulatory problems.<br /><br />Dredging the coal sludge in Tennessee could release dangerous amounts of selenium in the area waterways, said the Tennessean in an earlier report.&nbsp; Selenium, while necessary to humans and animals, could result in catastrophic outcomes on fish when released at high levels, according to scientists, noted the Tennessean, when the dredging often needed to clean such spills releases toxic levels of the mineral into the water.&nbsp; Similar effects could be expected in Maryland based on the known dangers from ash sludge.&nbsp; Now, the EPA is considering storage pond regulation and many hope the government will see the issue of coal ash as a hazard not limited to Tennessee, but one that originates with coal and coal-burning plants, the Nashville Scene noted.<br /><br />The Associated Press reported that, according to a spokesman for the Maryland Department of the Environment, the spill occurred where New Page Corporation&mdash;a papermaker&mdash;maintains an ash storage lagoon; New Page also operates a coal-burning power plant to produce the electricity needed to run the paper mill.<br /><br />Fly ash is a residue that results from coal combustion and is one of two ashes that, combined, are called coal ash.&nbsp; This waste product can contain&mdash;depending on the coal from which it originated&mdash;toxins such as arsenic, beryllium, boron, cadmium, chromium, chromium VI, cobalt, dioxins, lead, manganese, mercury, molybdenum, PAH compounds, elenium, strontium, thallium, and vanadium.&nbsp; According to the Cumberland Times News, the Maryland sludge contained high concentrations of selenium, sulfate, arsenic, iron, and manganese.<br /><br />The damaged Maryland pipeline was shut down; two other lines continue to operate, carrying ash slurry from the power plant to an ash storage lagoon about 800 feet away in West Virginia.&nbsp; &ldquo;Obviously, fly ash is not something that one wants in the water,&rdquo; Harley Speir, a fisheries biologist with the state Department of Natural Resources, told the Cumberland Times News.&nbsp; The mill is planning on conducting a thorough inspection of the pipelines and also plans on enhancing its preventative maintenance program.<br /><br />]]></content:encoded>
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		<title>Possible Dredging at TVA Fly Ash Spill Could Create Health Risks</title>
		<link>http://www.yourlawyer.com/articles/read/16204</link>		
		<pubDate>Mon, 09 Mar 2009 00:00:00 -0700</pubDate>
		<dc:creator></dc:creator>		
		<guid isPermaLink="false">http://www.yourlawyer.com/articles/read/16204</guid>
		<description><![CDATA[    We have been reporting on the environmental dangers resulting from the devastating Tennessee Valley Authority (TVA) fly ash spill that is exposing area residents and the environment to some serious and dangerous health and environmental problems, such as radium and arsenic exposure.&nbsp; Now, it seems, dredging the 5.4 million cubic yards of coal sludge could release dangerous amounts of selenium in the area waterways, said the...]]></description>
			<content:encoded><![CDATA[<!--[if gte mso 9]><xml>  <w :WordDocument>   </w><w :View>Normal</w>   <w :Zoom>0</w>   <w :PunctuationKerning/>   <w :ValidateAgainstSchemas/>   <w :SaveIfXMLInvalid>false</w>   <w :IgnoreMixedContent>false</w>   <w :AlwaysShowPlaceholderText>false</w>   <w :Compatibility>    <w :BreakWrappedTables/>    <w :SnapToGridInCell/>    <w :WrapTextWithPunct/>    <w :UseAsianBreakRules/>    <w :DontGrowAutofit/>   </w>   <w :BrowserLevel>MicrosoftInternetExplorer4</w>   </xml>< ![endif]--><!--[if gte mso 9]><xml>  <w :LatentStyles DefLockedState="false" LatentStyleCount="156">  </w> </xml>< ![endif]--> <!--  /* Style Definitions */  p.MsoNormal, li.MsoNormal, div.MsoNormal 	{mso-style-parent:""; 	margin:0in; 	margin-bottom:.0001pt; 	mso-pagination:widow-orphan; 	font-size:12.0pt; 	font-family:"Times New Roman"; 	mso-fareast-font-family:"Times New Roman";} p.PWTitle, li.PWTitle, div.PWTitle 	{mso-style-name:"PW Title"; 	mso-style-update:auto; 	margin-top:0in; 	margin-right:0in; 	margin-bottom:6.0pt; 	margin-left:0in; 	text-align:center; 	mso-pagination:widow-orphan; 	font-size:12.0pt; 	font-family:Arial; 	mso-fareast-font-family:"Times New Roman"; 	mso-bidi-font-family:"Times New Roman"; 	color:black;} @page Section1 	{size:8.5in 11.0in; 	margin:1.0in 1.25in 1.0in 1.25in; 	mso-header-margin:.5in; 	mso-footer-margin:.5in; 	mso-paper-source:0;} div.Section1 	{page:Section1;} --> <!--[if gte mso 10]> <style>  /* Style Definitions */  table.MsoNormalTable 	{mso-style-name:"Table Normal"; 	mso-tstyle-rowband-size:0; 	mso-tstyle-colband-size:0; 	mso-style-noshow:yes; 	mso-style-parent:""; 	mso-padding-alt:0in 5.4pt 0in 5.4pt; 	mso-para-margin:0in; 	mso-para-margin-bottom:.0001pt; 	mso-pagination:widow-orphan; 	font-size:10.0pt; 	font-family:"Times New Roman"; 	mso-ansi-language:#0400; 	mso-fareast-language:#0400; 	mso-bidi-language:#0400;} </style> < ![endif]-->  <div align="left">We have been reporting on the environmental dangers resulting from the devastating <a href="http://www.yourlawyer.com/topics/overview/Tennessee_Fly_Ash_Spill">Tennessee Valley Authority (TVA) fly ash spill</a> that is exposing area residents and the environment to some serious and dangerous health and environmental problems, such as radium and arsenic exposure.&nbsp; Now, it seems, dredging the 5.4 million cubic yards of coal sludge could release dangerous amounts of selenium in the area waterways, said the Tennessean.<br /><br />Selenium, while necessary to humans and animals, could result in catastrophic outcomes on fish when released at high levels, according to scientists, noted the Tennessean, which reported that the TVA received approval from the <a href="http://www.state.tn.us/environment/">Tennessee Department of Environment and Conservation </a>(TDEC) for its Phase I dredging plan.&nbsp; A. Dennis Lemly, a research biologist at Wake Forest University and an expert on the effects of selenium from coal ash on fish, told the Tennessean that dredging could release toxic levels of selenium into the water.<br /><br />Lemly told the Tennessean that, &ldquo;The hazard occurs because selenium bio-accumulates in the aquatic food chain.&quot;&nbsp; What happens, said Lemly, is that the metal builds up in fish eggs, causing spine, fin, and other deformities as well as infertility.&nbsp; &quot;They're essentially poisoned at birth,&quot; Lemly said.&nbsp; Looking at fish contaminated by the spill just after the accident revealed a variety of health problems including, said the Tennessean, signs of stress, scale abrasions, and discolored gills, and ash filling the bellies of catfish.<br /><br />Bryce Payne, a soil scientist from Pennsylvania who informed investigators from the Senate Environment and Public Works Committee about selenium dangers linked to the TVA spill, suggested turning the waste into concrete before removal, said the Tennessean.&nbsp; Payne explained that exposing selenium to air or aerated water would release the metal downstream noting that, &quot;It could kill fish in the Emory, the Clinch, and maybe down the Tennessee.&nbsp; To do the dredging (TVA's) way could be a disaster. You might have a dead river.&quot;<br /><br />Payne&rsquo;s suggestion involves injecting the ash with cement because concrete made from fly ash and cement sets quickly and once set, could be broken and removed from the water and then stored safely with the toxins trapped within the concrete.&nbsp; &quot;The trick is doing it under water,&quot; Payne told the Tennessean adding that, &quot;It's not going to be a simple matter, but there's the possibility the river will come out of this cleaner than before.&quot;<br /><br />The spill caused much area destruction of property and the environment, including trapping felled trees and debris in the sludge.&nbsp; Also, said the Tennessean, there are some areas in which the ash sludge is 30 feet thick.&nbsp; Payne&rsquo;s plan would be ineffective in these areas.<br /><br />Phase I of the dredging plan involves clearing the Emory River channel; however, significant work is required to clear the river bed which had prior contamination with mercury and PCBs.&nbsp; TVA remains unclear about how long the cleanup will take and continues to investigate the cause of the spill, which followed a dike break.&nbsp; Of note, the massive spill was not TVA&rsquo;s first accident and its records confirmed that a1984 annual inspection report indicated that an interior dike failed and that exterior walls were not meant for additional loads, according to an earlier report by the Knoxville Biz.&nbsp; At that time, additional studies were recommended; it is unclear if such studies occurred.&nbsp; Also, in 1984, a dike failure resulted in dredged material spilling into a then-dredged area as a result of a problem with an interior wall.&nbsp; In 2003, another accident, which dumped water and fly ash on to Swan Pond Road occurred.<br /></div><p align="left" class="PWTitle"><br /></p>]]></content:encoded>
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		<title>TVA May Stop Using Ash Ponds in Kingston</title>
		<link>http://www.yourlawyer.com/articles/read/16174</link>		
		<pubDate>Wed, 04 Mar 2009 00:00:00 -0800</pubDate>
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		<guid isPermaLink="false">http://www.yourlawyer.com/articles/read/16174</guid>
		<description><![CDATA[Following the monumental and catastrophic Tennessee Valley Authority (TVA) fly ash spill that dumped over five million cubic yards of sludge into East Tennessee and its surrounding waterways, the TVA has come up with a plan to replace its fly ash ponds, says the Times Free Press.&nbsp; The devastating million gallon spill decimated homes&mdash;some beyond repair&mdash;and water and wildlife, destroying about 300 surrounding acres.Now, the TVA is...]]></description>
			<content:encoded><![CDATA[Following the monumental and catastrophic <a href="http://www.yourlawyer.com/topics/overview/Tennessee_Fly_Ash_Spill">Tennessee Valley Authority</a> (TVA) fly ash spill that dumped over five million cubic yards of sludge into East Tennessee and its surrounding waterways, the TVA has come up with a plan to replace its fly ash ponds, says the Times Free Press.&nbsp; The devastating million gallon spill decimated homes&mdash;some beyond repair&mdash;and water and wildlife, destroying about 300 surrounding acres.<br /><br />Now, the TVA is looking to replace the fly ash ponds at its Kingston Fossil Plant with dry ash storage, according to its 73-page correction action plan it submitted to state regulators, said the Times Free Press.&nbsp; The switch is expected to take two years, if approved.&nbsp; According to the TVA, collecting the fly ash in dry storage &ldquo;will allow more flexible marketing and disposal options&rdquo; and help minimize the risk of another ash pond leak.<br /><br />The TVA also detailed its corrective plan of action to remove the spilled ash that had been accumulating for 50 years, half of which spilled in late December following heavy rains and cold temperatures.&nbsp; The weather conditions caused the &ldquo;earthen dam&rdquo; to break, creating the spill, explained the Times Free Press.<br /><br />Fly ash is a waste product generated when coal is burned and, according to studies, contains significant quantities of heavy metals like arsenic, lead, and selenium, which can cause cancer and neurological problems.&nbsp;&nbsp; Of note, several days after the spill, the TVA had not issued any environmental warnings to nearby residents, and insisted there was no evidence yet of toxins in the waste.<br /><br />Most recently, Tom Kilgore, TVA head, admitted that the fly ash spill was much worse than the TVA first admitted.&nbsp; Just prior, and of significant concern, researchers discovered that the massive fly ash spill is exposing area residents and the environment to some serious and dangerous health and environmental problems, such as radium and arsenic exposure.&nbsp; Radium&mdash;a Group-A carcinogenic material according to the <a href="http://www.epa.gov/">Environmental Protection Agency</a> (EPA)&mdash;exposure can lead to cancer.&nbsp; Also, arsenic, a toxic metal, can increase the risk of some cancers, skin damage, and circulatory problems.<br /><br />Meanwhile, the TVA claims that it will restore the area damaged by fly ash to a condition &ldquo;as good, if not better than before&rdquo; the accident, reported the Times New Press.<br /><br />According to an earlier Knoxville News report, inspectors found the TVA Kingston pond sound based on the report of three engineers who inspected the facility and said that despite the raised pond&rsquo;s walls seeping water and some scars in the structure as a result of erosion, the TVA plant was in &ldquo;good shape.&rdquo;&nbsp; The inspection was conducted on October 20, 2008 and was completed after the December 22 TVA fly ash spill.<br /><br />Also, the massive spill was not TVA&rsquo;s first accident and its records confirmed that a 1984 annual inspection report indicated that an interior dike failed and that exterior walls were not meant for additional loads, according to an earlier report by the Knoxville Biz.&nbsp; At that time, additional studies were recommended; it is unclear if such studies occurred.&nbsp; Also, in 1984, a dike failure resulted in dredged material spilling into a then-dredged area as a result of a problem with an interior wall.&nbsp; In 2003, another accident, which dumped water and fly ash on to Swan Pond Road, occurred.<br /><br />]]></content:encoded>
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		<title>TVA Fly Ash Pond Given Clean Bill of Health Two Months Before Spill</title>
		<link>http://www.yourlawyer.com/articles/read/16154</link>		
		<pubDate>Fri, 27 Feb 2009 00:00:00 -0800</pubDate>
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		<guid isPermaLink="false">http://www.yourlawyer.com/articles/read/16154</guid>
		<description><![CDATA[The Tennessee Valley Authority (TVA) Kingston&rsquo;s Fossil Plant fly ash spill that dumped 5.4 million cubic yards of sludge into East Tennessee and its Emory River was seemed structurally sound only two months before the catastrophic accident that has decimated homes and water and wildlife, said Knoxville News.&nbsp; The damage to some homes was so severe that repair is impossible.According to Knoxville News, inspectors found the TVA Kingston...]]></description>
			<content:encoded><![CDATA[The Tennessee Valley Authority (TVA) Kingston&rsquo;s Fossil Plant fly ash spill that dumped 5.4 million cubic yards of sludge into East Tennessee and its Emory River was seemed structurally sound only two months before the catastrophic accident that has decimated homes and water and wildlife, said Knoxville News.&nbsp; The damage to some homes was so severe that repair is impossible.<br /><br />According to Knoxville News, inspectors found the TVA Kingston pond sound based on the report of three engineers who inspected the facility and said that despite the raised pond&rsquo;s walls seeping water and some scars in the structure as a result of erosion, the TVA plant was in &ldquo;good shape.&rdquo;&nbsp; The inspection was conducted on October 20, 2008, said Knoxville News, and was completed after the December 22 <a href="http://www.yourlawyer.com/topics/overview/Tennessee_Fly_Ash_Spill">TVA fly ash spill</a>.<br /><br />The report contains over 25,000 pages and was submitted to the <a href="http://www.state.tn.us/environment/">Tennessee Department of Environment and Conservation</a> (TDEC), said Knoxville News.&nbsp; TVA engineer Chris Buttram included a note at the end of the report he authored that acknowledged that the spill took place following the inspection and that its cause is under investigation; Buttram also wrote, reports Knoxville News, &quot;None of the observations noted during this inspection indicated a dike failure was likely to occur in the foreseeable future.&quot;&nbsp; Prior inspection reports describe leaks, erosion, seepages, and water-soaked walls, said Knoxville News.<br /><br />Most recently, Tom Kilgore, TVA head, admitted that the fly ash spill was much worse than TVA first admitted.&nbsp; Just prior, and of significant concern, researchers discovered that the massive fly ash spill is exposing area residents and the environment to some serious and dangerous health and environmental problems, such as radium and arsenic exposure.&nbsp; Radium&mdash;a Group-A carcinogenic material according to the Environmental Protection Agency (EPA)&mdash;exposure can lead to cancer.&nbsp; Also, arsenic, a toxic metal, can increase the risk of some cancers, skin damage, and circulatory problems.<br /><br />The clean up is expected to cost anywhere between $525 million and $825 million&mdash;said WBIR in a prior report and Kilgore said he will take a pay cut, reducing his 2009 compensation to half, which is still expected to still bring him about $1 million. Phase I of the clean-up plan was submitted to the TDEC for approval and was reviewed by the Army Corps of Engineers, among others, said WBIR.&nbsp; The groups provided feedback to TVA and await its revised plan.<br /><br />TVA remains unclear about how long the cleanup will take and continues to investigate the cause of the spill, which followed a dike break, said WBIR.&nbsp; Of note, the massive spill was not TVA&rsquo;s first accident and its records confirmed that a1984 annual inspection report indicated that an interior dike failed and that exterior walls were not meant for additional loads, according to an earlier report by the Knoxville Biz.&nbsp; At that time, additional studies were recommended; it is unclear if such studies occurred.&nbsp; Also, in 1984, a dike failure resulted in dredged material spilling into a then-dredged area as a result of a problem with an interior wall.&nbsp; In 2003, another accident, which dumped water and fly ash on to Swan Pond Road occurred.<br /><br />]]></content:encoded>
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		<title>Two Months Later, Agencies Await TVA Revised Phase I Clean-Up Plan</title>
		<link>http://www.yourlawyer.com/articles/read/16135</link>		
		<pubDate>Wed, 25 Feb 2009 00:00:00 -0800</pubDate>
		<dc:creator></dc:creator>		
		<guid isPermaLink="false">http://www.yourlawyer.com/articles/read/16135</guid>
		<description><![CDATA[It has been two months since the catastrophic Tennessee Valley Authority (TVA) fly ash spilled dumped 5.4 million cubic yards of sludge into East Tennessee and its Emory River and residents continue to remain confused and unsure as to what is taking place to make their homes and neighborhoods whole again.&nbsp; The spill has devastated water and wildlife and damaged a variety of homes, some beyond repair. Just last week, Tom Kilgore, TVA head,...]]></description>
			<content:encoded><![CDATA[It has been two months since the catastrophic <a href="http://www.yourlawyer.com/topics/overview/Tennessee_Fly_Ash_Spill">Tennessee Valley Authority (TVA) fly ash spilled </a>dumped 5.4 million cubic yards of sludge into East Tennessee and its Emory River and residents continue to remain confused and unsure as to what is taking place to make their homes and neighborhoods whole again.&nbsp; The spill has devastated water and wildlife and damaged a variety of homes, some beyond repair. <br /><br />Just last week, Tom Kilgore, TVA head, admitted that the fly ash spill was much worse than TVA first admitted.&nbsp; Just prior, and of significant concern, researchers discovered that the massive fly ash spill is exposing area residents and the environment to some serious and dangerous health and environmental problems, such as radium and arsenic exposure.&nbsp; Radium&mdash;a Group-A carcinogenic material according to the <a href="http://www.epa.gov/">Environmental Protection Agency</a> (EPA)&mdash;exposure can lead to cancer.&nbsp; Also, arsenic, a toxic metal, can increase the risk of some cancers, skin damage, and circulatory problems.<br /><br />WBIR reports that residents hit the hardest by the ash spill describe a horrific environmental disaster that has left some families facing overwhelming disruption of lives and destruction of property.&nbsp; One family told WBIR that living just on the river, they are subject to barriers in their backyard, erected pending clean-up, and questions about the noise and commotion to which they will be subject for an unknown length of time.&nbsp; Residents describe their neighborhood as looking like a war zone and many are still in shock over the events, said WBIR.&nbsp; One family told WBIR that the enormous &ldquo;mountain of sludge&rdquo; pushed their home from its foundation, moving it into the street.<br /><br />Families are working with the Authority regarding damaged land; some are looking at selling homes and moving away from a neighborhood they loved, said WBIR.&nbsp; And, many homeowners are upset over property value appraisals they have been given, which are not close to their expectations.<br /><br />The clean up is expected to cost anywhere between $525 million and $825 million&mdash;said WBIR in a prior report and Kilgore said he will take a pay cut, reducing his 2009 compensation to half, which is still expected to still bring him about $1 million.&nbsp; Meanwhile, the Phase I of the clean-up plan was submitted to the Tennessee Department of Environment and Conservation (TDEC) for approval and was reviewed by the Army Corps of Engineers, among others, said WBIR.&nbsp; The groups provided feedback to TVA and await its revised plan.&nbsp; Once the Phase I clean-up plan is finalized and approved, the Clinch River can be dredged, an operation that will be overseen by state and federal agencies, according to Tisha Calabrese-Benton, TDEC spokesperson, reported WBIR.<br /><br />TVA remains unclear about how long the cleanup will take and continues to investigate the cause of the spill, which followed a dike break, said WBIR.&nbsp; Of note, the massive spill was not TVA&rsquo;s first accident and its records confirmed that a1984 annual inspection report indicated that an interior dike failed and that exterior walls were not meant for additional loads, according to an earlier report by the Knoxville Biz.&nbsp; At that time, additional studies were recommended; it is unclear if such studies occurred.&nbsp; Also, in 1984, a dike failure resulted in dredged material spilling into a then-dredged area as a result of a problem with an interior wall.&nbsp; In 2003, another accident, which dumped water and fly ash on to Swan Pond Road occurred.<br /><br />]]></content:encoded>
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		<title>Pilot's Training Under Scrutiny in Buffalo Plane Crash</title>
		<link>http://www.yourlawyer.com/articles/read/16093</link>		
		<pubDate>Thu, 19 Feb 2009 00:00:00 -0800</pubDate>
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		<guid isPermaLink="false">http://www.yourlawyer.com/articles/read/16093</guid>
		<description><![CDATA[Federal investigators analyzing the events leading up to the Buffalo, New York plane crash that killed 50 people last week are now looking at pilot training and the pilot&rsquo;s responses in his final moments.&nbsp; Fox News said that investigators are specifically checking into Colgan Air Inc.&rsquo;s pilot training.&nbsp; Colgan is the operator of the turboprop plane, a twin-engine Bombardier Q400, that fatally crashed into a home last...]]></description>
			<content:encoded><![CDATA[Federal investigators analyzing the events leading up to the <a href="http://www.yourlawyer.com/topics/overview/airplane_accidents">Buffalo, New York plane crash</a> that killed 50 people last week are now looking at pilot training and the pilot&rsquo;s responses in his final moments.&nbsp; Fox News said that investigators are specifically checking into Colgan Air Inc.&rsquo;s pilot training.&nbsp; Colgan is the operator of the turboprop plane, a twin-engine Bombardier Q400, that fatally crashed into a home last week.<br /><br />According to investigators, said FoxNews, the plane likely dropped to an unsafe slow speed, losing critical lift in its final landing approach.&nbsp; The onboard stall-warning systems both alerted the pilot and automatically activated the &quot;stick pusher,&quot; a device in which the control column is pushed forward to angle the plane&rsquo;s nose down to regain speed, reported FoxNews.&nbsp; It was at this moment that pilot error might have occurred and when the pilot acted against established protocols.&nbsp; Such protocols call for pushing forward and lowering the nose to escape a stall.&nbsp; Instead, said FoxNews, the pilot pulled back on the controls and added power, moves that resulted in the flight&rsquo;s fatal end.&nbsp; The issue of icing does still remain a consideration in the crash, said FoxNews.<br /><br />Buffalo News also reported that, according sources it spoke with who are familiar with the investigation, as the plane descended, the automatic stall warning sounded, which might have prompted the pilot to increase power in an attempt to raise the nose; however, the correct response would be to push the nose down to increase speed.&nbsp; By attempting to raise the nose and maintaining controls, the pilot might have slowed the plane to a dangerous level in which an aerodynamic stall would have been guaranteed.<br /><br />The Wall Street Journal (WSJ) noted that investigators are looking at Colgan&rsquo;s cockpit training specifically since evidence is pointing to an error in pilot commands.&nbsp; FoxNews noted that the crash in Buffalo was the second such crash in five years that has federal air-safety experts concerned about the efficacy of training programs, specifically stall evasion and escape maneuvers and at Pinnacle or its units.&nbsp; Colgan is a part of the Pinnacle organization.&nbsp; Also, according to a<a href="http://www.ntsb.gov/"> National Transportation Safety Board</a> (NTSB) spokesman, investigators are trying to determine if the cockpit crew overreacted, said FoxNews, which confirmed that the NTSB said pilot commands might have initiated the failed dive.<br /><br />The NTSB is also examining why Colgan's training programs do not allow pilots in simulator training to feel activation of the stick-pusher.&nbsp; The device and technology are meant to automatically engage for the purpose of stopping a plane from entering a stall condition by pointing the nose down to regain speed.&nbsp; Of concern to safety experts is that if pilots do not understand the technology or understand what it feels like when it is engaged&mdash;such as what could be provided, but is not, in simulator training&mdash;pilots might not respond correctly when the stick-pusher activates in and in-flight emergency, explained FoxNews.<br /><br />The Journal noted that a Pinnacle commuter jet went out of control in 2004, both engines shut down, the jet crashed, and both pilots perished.&nbsp; It seems there were a variety of errors discovered in that fatal crash, including that the pilots fought the stick-pusher activation, said the WSJ.&nbsp; That crash got the attention of the NTSB, which criticized the airline&rsquo;s pilot safety program and safety oversight, said the WSJ.<br /><br />]]></content:encoded>
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		<title>Investigators Look at Pilot's Actions in Buffalo Plane Crash</title>
		<link>http://www.yourlawyer.com/articles/read/16086</link>		
		<pubDate>Wed, 18 Feb 2009 00:00:00 -0800</pubDate>
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		<guid isPermaLink="false">http://www.yourlawyer.com/articles/read/16086</guid>
		<description><![CDATA[Investigators probing the crash of Continental Airlines Flight 3407 in Buffalo, New York are taking a closer look at the pilot&rsquo;s final activities.&nbsp; Fifty people&mdash;49 passengers and crew members and one resident on the ground&mdash;perished in the flight that went down into a house in Clarence Center in New York.WKBW said that investigators are now looking at the possibility that the pilot&rsquo;s final actions might have...]]></description>
			<content:encoded><![CDATA[Investigators probing the crash of <a href="http://www.yourlawyer.com/topics/overview/airplane_accidents">Continental Airlines Flight 3407</a> in Buffalo, New York are taking a closer look at the pilot&rsquo;s final activities.&nbsp; Fifty people&mdash;49 passengers and crew members and one resident on the ground&mdash;perished in the flight that went down into a house in Clarence Center in New York.<br /><br />WKBW said that investigators are now looking at the possibility that the pilot&rsquo;s final actions might have contributed to the accident and noted that he might have made an attempt to change the plane&rsquo;s speed following activation of the automatic safety system.&nbsp; The change, which added power to the plane to keep it from stalling, could have been a contributing factor in the tragedy, said WKBW, which added that the <a href="http://www.ntsb.gov/">National Transportation Safety Board</a> (NTSB) said no final determination has been made, but is looking at the possibility that the pilot overreacted, said the Associated Press (AP).<br /><br />Meanwhile, the AP reported that investigators have completed their work collecting human remains and are now looking at the weather, scene data, and black box information as wells as looking at the crew and working through information received from other pilots who flew near the area on the night of the crash.&nbsp; The automatic safety system turned on when it sensed that the plane slowed dangerously, said NTSB&rsquo;s chief investigator, Lorenda Ward.&nbsp; It seems that the pilot then pulled back on the controls when the system was pushing the nose down in its attempt to pick up speed.<br /><br />It was possible, said Ward, that the pilot pushed too hard, bringing the plane&rsquo;s nose too high, said the AP; however, another NTSB spokesman, Keith Holloway, noted that it has not come to any final determination saying, &ldquo;We have not concluded anything.&rdquo;&nbsp; Investigators are working to determine if the pilot could have done anything differently, said the AP.<br /><br />The NTSB has yet to find engine failure or mechanical problems to blame in the crash.&nbsp; What is certain, reported the AP, is that the pilot did not disengage autopilot even after &ldquo;significant ice&rdquo; was noted, which was in opposition to what the NTSB and the pilot&rsquo;s airline suggested.&nbsp; According to a Newsday report yesterday, investigators said that not only does the evidence point to wing icing as playing a critical role in the crash, but that another pilot flying nearby on the same night also reported dangerous icing conditions. <br /><br />The crash has been surrounded in controversy because the plane was on autopilot as it descended.&nbsp; When it comes to icing conditions and flying on autopilot, the NTSB and the Federal Aviation Administration (FAA) are in disagreement, pointed out Newsday.&nbsp; The NTSB tells pilots to fly manually&mdash;not on autopilot&mdash;in all ice conditions, even those in which just &quot;thin amounts of ice&quot; are present, while the FAA maintains that aircraft are safe when flying on autopilot in &quot;light to moderate icing,&quot; said Newsday.&nbsp; A change to this FAA icing certification standard is top NTSB issue, landing on its &quot;most wanted&quot; safety recommendations list, said Newsday.<br /><br />The conflicting recommendations have caused considerable debate on planes flying on autopilot in icy conditions, said the Christian Science Monitor, which explained that some experts feeling that autopilot prevents pilots from understanding the severity of icing conditions.<br /><br />]]></content:encoded>
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		<title>Evidence in Buffalo Plane Crash Points to Ice as a Cause</title>
		<link>http://www.yourlawyer.com/articles/read/16075</link>		
		<pubDate>Tue, 17 Feb 2009 00:00:00 -0800</pubDate>
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		<guid isPermaLink="false">http://www.yourlawyer.com/articles/read/16075</guid>
		<description><![CDATA[As the investigation into the crash of Continental Flight 3407 continues to unfold, federal investigators are seeing more evidence that ice, not mechanical failure, caused the accident that killed all 49 passengers and crew and one person on the ground.According Newsday, investigators are saying that not only does the evidence point to wing icing as playing a critical role in the crash, but that another pilot flying on the same night in western...]]></description>
			<content:encoded><![CDATA[As the investigation into the <a href="http://www.yourlawyer.com/topics/overview/airplane_accidents">crash of Continental Flight 3407</a> continues to unfold, federal investigators are seeing more evidence that ice, not mechanical failure, caused the accident that killed all 49 passengers and crew and one person on the ground.<br /><br />According Newsday, investigators are saying that not only does the evidence point to wing icing as playing a critical role in the crash, but that another pilot flying on the same night in western New York also reported dangerous icing conditions.&nbsp; Nothing indicates that the plane&mdash;a Bombardier Dash 8 Q400 turboprop&mdash;experienced engine problems before it crashed, said the Associated Press (AP).<br /><br />Steven Chealander, of the <a href="http://www.ntsb.gov/">National Transportation Safety Board</a> (NTSB) spoke at a news briefing yesterday and said, &quot;Everything that's found thus far on the engine is consistent with high-powered flight,&quot; quoted Newsday.&nbsp; Chealander also discussed how the plane &quot;entered the ground, how much it dug itself in, the angles of the blades.&quot;&nbsp; The doomed flight crew is known to have reported icing on the windshield as the aircraft approached the airport; approximately one minute later, the craft &ldquo;stalled violently and then fell to the ground from 1,800 feet in less than 26 seconds,&rdquo; said Newsday.<br /><br />Chealander also mentioned that within a-half hour of Flight 3407 experiencing its final difficulties, another Colgan Airlines turboprop flight reported &quot;moderate&quot; icing and in Dunkirk, New York, which is about 50 miles south of the crash site, yet another crew reported &ldquo;severe icing,&quot; which is not only the most dangerous icing category, but one in which pilots are trained to avoid, reported Newsday.&nbsp; The AP is reporting that about half of the crash wreckage has been removed and that crews are hoping to have the remainder removed prior to Wednesday, when a snowstorm is expected in that area.<br /><br />The crash has been surrounded in controversy because the plane was on autopilot as it descended.&nbsp; When it comes to icing conditions and flying on autopilot, the NTSB and the Federal Aviation Administration (FAA) are in disagreement, points out Newsday.&nbsp; The NTSB tells pilots to fly manually&mdash;not on autopilot&mdash;in all ice conditions, even those in which just &quot;thin amounts of ice&quot; are present, while the FAA maintains that aircraft are safe when flying on autopilot in &quot;light to moderate icing,&quot; reports Newsday.&nbsp; A change to this FAA icing certification standard is one of the top NTSB issues, landing on its &quot;most wanted&quot; safety recommendations list, said Newsday.<br /><br />The conflicting recommendations have caused considerable debate on planes flying on autopilot in icy conditions, said the Christian Science Monitor, which explained that some experts feeling that autopilot prevents pilots from understanding the severity of icing conditions.&nbsp; It is now believed that it was the ice that caused the plane to pitch and rock dangerously in the immediate moments before crashing into a house in suburban Buffalo.<br /><br />New York&rsquo;s Senator Charles Schumer told Newsday that he spoke to Ray LaHood, the Transportation Secretary, to discuss the issue and said LaHood assured him that the FAA Administrator&mdash;who remains unnamed&mdash;&quot;will be addressing this issue immediately.&quot;<br /><br />]]></content:encoded>
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		<title>Buffalo-Bound Continental Plane on Autopilot at Time of Crash</title>
		<link>http://www.yourlawyer.com/articles/read/16067</link>		
		<pubDate>Mon, 16 Feb 2009 00:00:00 -0800</pubDate>
		<dc:creator></dc:creator>		
		<guid isPermaLink="false">http://www.yourlawyer.com/articles/read/16067</guid>
		<description><![CDATA[Weather conditions, iced wings, a plane on autopilot, and conflicting signals from two federal agencies all may have contributed to the perfect storm that resulted in the crash of Continental Connection flight 3407 and the deaths of all 49 on board and one person on the ground. &nbsp;Newsday is reporting that the Continental Connection Flight was on autopilot just seconds before it crashed near Buffalo, New York, citing National Transportation...]]></description>
			<content:encoded><![CDATA[Weather conditions, iced wings, a plane on autopilot, and conflicting signals from two federal agencies all may have contributed to the perfect storm that resulted in the <a href="http://www.yourlawyer.com/topics/overview/airplane_accidents">crash of Continental Connection flight 3407</a> and the deaths of all 49 on board and one person on the ground. &nbsp;<br /><br />Newsday is reporting that the Continental Connection Flight was on autopilot just seconds before it crashed near Buffalo, New York, citing <a href="http://www.ntsb.gov/">National Transportation Safety Board</a> (NTSB) officials.&nbsp; Apparently the crew made its decision to engage autopilot amid conflicting signals about the use of that technology in icy conditions, which were received from two federal agencies, said Newsday.&nbsp; The autopilot was disengaged 26 seconds prior to the crash, which was preceded by the plane pitching &ldquo;wildly&rdquo; at sharp angles and then dropping 800 feet in five seconds, added Newsday.&nbsp; The LA Times reported that the NTSB recommends flying manually in severely icy weather.<br /><br />Buffalo News reported that the plane&rsquo;s landing gear were engaged one minute prior to the crash and that about 20 seconds later, the plane experienced what it described as &ldquo;severe pitch and roll,&rdquo; which occurred when the plane was over 2,000 feet in the air.&nbsp; Pitch and roll refers to when a plane experiences &ldquo;violent&rdquo; horizontal and vertical motions.&nbsp; Chealander said premlinary findings indicate that the crew described visibility at just three miles and that snow and mist were in the atmosphere, said Buffalo News.&nbsp; As the flight descended, the crew described &ldquo;hazy conditions&rdquo; and asked the control tower for permission to drop to 12,000 then 11,000 feet to avoid the dangerous conditions, said Buffalo News.<br /><br />The plane, a Bombardier Q400 turboprop&rsquo;s flight recorder indicates sharp pitching and severe dropping that would have, according to the NTSB&rsquo;s Steven R. Chealander, caused those on board to experience G-Force activity at twice what is considered normal, said Newsday.&nbsp; Chealander is the NTSB member overseeing this investigation.&nbsp; Contintental Airlines&rsquo; Bombardier Q400 is a Colgan Airlines commuter plane.<br /><br />Buffalo News reported that the plane&rsquo;s flight crew experienced &ldquo;significant icing&rdquo; in its approach to the Buffalo Niagara International Airport, saying that &quot;The crew discussed significant ice build-up&mdash;ice on the windshield and leading edges of the wings,&quot; according to Chealander.&nbsp; The plane crashed into a home in Clarence Center.<br /><br />Chealander explained that a finding had not been reached regarding the ice build-up&rsquo;s role, but said, &quot;Significant ice build-up is an aerodynamic impediment.&nbsp; Airplanes are built with wings that are shaped a certain way and ice can change the shape,&quot; Buffalo News quoted.&nbsp; According to NTSB&rsquo;s initial review of black box data and crew discussions, the plane&rsquo;s anti-icing system had been activated, said Buffalo News.&nbsp; Thursday&rsquo;s crash, said Buffalo News, is the deadliest since the 2001 American Airlines crash that devastated a Queens neighborhood, killing all 260 on board and five others on the ground.<br /><br />Ice forming on areas on a plane, such as the wings, can cause planes to lose control, especially on smaller planes, such as the one involved in Thursday&rsquo;s accident, reported USA Today, which noted that aviation regulators have not moved quickly enough on implementing improvements on ice prevention, despite suggestions from experts.&nbsp; Some, such as Bernard Loeb, a retiree from the NTSB and one who worked for stiffer icing rules met with arguments from Federal Aviation Administration (FAA) regulators who claimed that planes are adequately protected from icing. In the last decade, said USA Today, the NTSB discovered that icing prevention rules are not always adequate; also, a number of NTSB icing-related recommendations have been ignored by the FAA.<br /><br />Thursday&rsquo;s crash also resulted in fire damage and evacuation of many nearby homes and caused injuries to two volunteer firefighters, said Buffalo News.&nbsp; Now, said the LA Times, residents are up in arms over evacuations, street closures, and the media.<br /><br />]]></content:encoded>
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		<title>TVA Head Admits Spill Worst Than First Said</title>
		<link>http://www.yourlawyer.com/articles/read/16071</link>		
		<pubDate>Mon, 16 Feb 2009 00:00:00 -0800</pubDate>
		<dc:creator></dc:creator>		
		<guid isPermaLink="false">http://www.yourlawyer.com/articles/read/16071</guid>
		<description><![CDATA[The head of the Tennessee Valley Authority (TVA), Tom Kilgore, admitted that the now-famous fly ash spill that dumped 5.4 million cubic yards of sludge into the Emory River and surrounding land in East Tennessee was much worse that originally presented by the utility authority, reports the Associated Press (AP).We recently reported that the December spill was not the first accident of its kind at the Fossil Plant.&nbsp; TVA records showed that a...]]></description>
			<content:encoded><![CDATA[The head of the Tennessee Valley Authority (TVA), Tom Kilgore, admitted that the now-famous <a href="http://www.yourlawyer.com/topics/overview/Tennessee_Fly_Ash_Spill">fly ash spill</a> that dumped 5.4 million cubic yards of sludge into the Emory River and surrounding land in East Tennessee was much worse that originally presented by the utility authority, reports the Associated Press (AP).<br /><br />We recently reported that the December spill was not the first accident of its kind at the Fossil Plant.&nbsp; <a href="http://www.tva.gov/">TVA</a> records showed that a 1984 annual inspection report indicated that an interior dike failed and that exterior walls were not meant for additional loads, the Knoxville Biz said in an earlier report.&nbsp; At that time, additional studies were recommended; it is unclear if such studies occurred.&nbsp; Meanwhile the spill&mdash;in addition to devastating water and wildlife, damaged a variety of homes, some beyond repair.&nbsp; Also, in 1984 a dike failure resulted in dredged material spilling into a then-dredged area as a result of a problem with an interior wall.&nbsp; In 2003, another accident, which dumped water and fly ash on to Swan Pond Road occurred, said Knoxville Biz.<br /><br />The clean up of the 2008 spill is expected to cost anywhere between $525 million and $825 million&mdash;said WBIR.&nbsp; Kilgore said he will take a pay cut, reducing his 2009 compensation to half, which is still expected to bring him about $1 million.<br /><br />Most alarming, researchers have found that the massive fly ash spill is exposing area residents and the environment to some serious and dangerous health and environmental outcomes, such as radium and arsenic exposure.&nbsp; Radium is a Group-A carcinogenic material, according to the Environmental Protection Agency; radium exposure can lead to cancer.&nbsp; Also, arsenic, a toxic metal, can increase the risk of some cancers, skin damage, and circulatory problems.<br /><br />Meanwhile, the AP reported that Kilgore admitted that the fly ash spill was much more severe than the TVA originally acknowledged with Kilgore admitting to the AP, &ldquo;It was a &lsquo;catastrophe.&rsquo;&rdquo;&nbsp; This statement, notes the AP, flies in the face of an earlier description written in a TVA memo in which the sludge fill&rsquo;s description was changed from &ldquo;catastrophic&rdquo; to a &ldquo;sudden, accidental&rdquo; release.&nbsp; When asked about this and a variety of other description changes, Kilgore told the AP, &quot;We all edit things.&nbsp; I don't apologize for us editing our material. It is just that the first writer was the best writer, in that case.&quot;<br /><br />Another change, reported the AP, involved editing to remove the words &quot;risk to public health and risk to the environment&quot; as a reason to measure water quality and the potential of an &quot;acute threat&quot; to fish.&nbsp; Kilgore admitted that he wished some of the TVA&rsquo;s responses were expressed differently, said the AP.&nbsp; When asked about TVA activities associated with the spill, Kilgore said, &quot;Honestly, we let ourselves down in some ways.&nbsp; This is regrettable.&nbsp; I don't like it.&nbsp; I want to see what the failure investigation shows.&nbsp; And I am dismayed that we didn't catch this,&quot; quoted the AP.<br /><br />The AP also reported that the ash pile in the recent spill took over 50 years to develop and covered 40 acres and was upwards of 60 feet high.<br /><br />]]></content:encoded>
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		<title>Continental Plane Crash Near Buffalo Leaves 50 Dead</title>
		<link>http://www.yourlawyer.com/articles/read/16054</link>		
		<pubDate>Fri, 13 Feb 2009 00:00:00 -0800</pubDate>
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		<guid isPermaLink="false">http://www.yourlawyer.com/articles/read/16054</guid>
		<description><![CDATA[The crash of Continental Express flight 3407 near Buffalo, New York last night has left 50 people dead.&nbsp; The fatalities included all 49 passengers and crew aboard the doomed Bombardier Dash 8 Q400 74-seat turboprop, as well as one person on the ground.The Continental plane crash occurred around 10:20 p.m. in the Buffalo suburb of Clarence.&nbsp; The flight, which was operated by Colgan Air, had taken off from Newark, New Jersey, and was...]]></description>
			<content:encoded><![CDATA[The <a href="http://www.yourlawyer.com/topics/overview/airplane_accidents">crash of Continental Express flight 3407</a> near Buffalo, New York last night has left 50 people dead.&nbsp; The fatalities included all 49 passengers and crew aboard the doomed Bombardier Dash 8 Q400 74-seat turboprop, as well as one person on the ground.<br /><br />The Continental plane crash occurred around 10:20 p.m. in the Buffalo suburb of Clarence.&nbsp; The flight, which was operated by Colgan Air, had taken off from Newark, New Jersey, and was beginning its final decent into Buffalo Niagara International Airport.&nbsp; The plane went down just 7 miles outside of the airport.<br /><br />According to witnesses, the aircraft dove into a single family home, causing an explosion and fire and killing one resident.&nbsp; A neighbor interviewed by CNN said that flames shot at least 50 feet into the air. The fire burned so hot that investigators told the network that they likely would not have access to the scene until at least noon today. The only recognizable piece of the plane that remained was the tail, CNN said. &nbsp;<br /><br />At a news conference this morning, David Bissonette, Emergency Coordinator for Clarence Center, said that firefighters were still fighting &quot;hot spots&quot;.&nbsp; Crews were also working to cap-off a natural gas leak at the site of the crash.<br /><br />Two other people in the house,&nbsp; a mother and daughter, were treated for minor injuries.&nbsp; Two firefighters were also treated for smoke inhalation and minor injuries, CNN said. &nbsp;<br /><br />At the time of the accident, conditions at Buffalo Niagara included light snow, fog and 17 mph winds. According to the Buffalo News, following the crash, air traffic control at Buffalo Niagara began quizzing other pilots in the air about the icy conditions in the area.&nbsp; According to radio transmissions, pilots on a Delta Flight reported picking up some icing on the way down.&nbsp; Other pilots also reported some icing. &nbsp;<br /><br />It is not known what role icing played in the crash of Continental Express flight 3407.&nbsp; Prior to the crash, pilots of the aircraft did not indicate any distress, and the flight appeared to be routine until air traffic control lost radio contact with the pilot.<br /><br />According to CNN.com, the turboprop plane involved in the crash was considered one of the safest and most sophisticated aircraft of its type.&nbsp;&nbsp; At a briefing this morning, Philip H. Trenary, President&nbsp; &amp; CEO of Pinnacle Airlines Corp., parent company of Colgan Air, Inc., said the aircraft was less than a year old.<br /><br />The <a href="http://www.ntsb.gov/Pressrel/2009/090213.html">National Transportation Safety Board</a> (NTSB) has sent&nbsp; a &quot;go team&quot;&nbsp; to Buffalo to investigate the crash.&nbsp; At a news conference this morning, an NTSB spokesperson said that as far as a cause, investigators have not ruled anything out.<br /><br />This is the second crash of a Continental flight since December.&nbsp; On December 28, Continental flight 1404 to Houston was attempting to take off from Denver International Airport when it skidded off the runway, broke apart and burst into flames.&nbsp; At least 37 people were injured in that crash, but there were no fatalities.<br /><br />Then on January 15, a US Airways Jet was forced to crash land in the Hudson River when both engines failed following a collision with a flock of geese.&nbsp; All 155 passengers and crew survived the water landing of US Airways Flight 1549, which was quickly dubbed the &quot;Miracle on the Hudson&quot;. <br /><br />The crash of Continental Express flight 3407 is the first fatal crash of a commercial airliner in the United States since August 2006 when Comair Flight 5191 crashed when it attempted to take off from the wrong runway in Lexington, Kentucky.<br /><br />]]></content:encoded>
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		<title>TVA Faces Big Fly Ash Spill Clean Up Bill</title>
		<link>http://www.yourlawyer.com/articles/read/16061</link>		
		<pubDate>Fri, 13 Feb 2009 00:00:00 -0800</pubDate>
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		<guid isPermaLink="false">http://www.yourlawyer.com/articles/read/16061</guid>
		<description><![CDATA[The December 22 Tennessee Valley Authority (TVA) fly ash spill is expected to cost the agency hundreds of millions of dollars in clean-up, litigation, fines, and regulations reported the Knoxville Biz.Pond dike walls failed at the Kingston Fossil Plant, dumping 5.4 million cubic yards of sludge into the Emory River and surrounding land, damaging homes, at least three irreparably, said the Knoxville Biz in a prior report.&nbsp; According to...]]></description>
			<content:encoded><![CDATA[The December 22 <a href="http://www.yourlawyer.com/topics/overview/Tennessee_Fly_Ash_Spill">Tennessee Valley Authority (TVA) fly ash spill</a> is expected to cost the agency hundreds of millions of dollars in clean-up, litigation, fines, and regulations reported the Knoxville Biz.<br /><br />Pond dike walls failed at the Kingston Fossil Plant, dumping 5.4 million cubic yards of sludge into the Emory River and surrounding land, damaging homes, at least three irreparably, said the Knoxville Biz in a prior report.&nbsp; According to Sustainable Business, that translates into 1.1 billion gallons of coal ash sludge across 400 acres and into the Emory River.<br /><br />The estimated clean-up costs are about $825 million, said the TVA.&nbsp; Its President and CEO, Tom Kilgore, told the TVA board that the clean-up alone will run no less than $525 million, with final numbers dependent on issues surrounding the final disposal plan and that current estimates do not take into account &ldquo;regulatory actions, or litigation, or any fines or penalties that may be assessed,&rdquo; said <a href="http://www.tva.gov/">TVA</a> in its quarterly filing yesterday with the Securities and Exchange Commission (SEC), reported the Knoxville Biz.&nbsp; The report also listed a net loss of $305 million for the three months ending December 31 for TVA, which said the Knoxville Biz, TVA attributed to the Fly Ash Spill.<br /><br />As of the end of last month, TVA spent $31 million on the cleanup.&nbsp; Kilgore said that while he was unable to provide estimates on how long the full cleanup would take, it would be no less than one year.&nbsp; Also, when asked if any costs would be passed on to TVA ratepayers, he said that, &ldquo;The worst-case scenario would be 100 percent,&rdquo; quoted the Knoxville News.<br /><br />Meanwhile, reported the Knoxville News, four lawsuits have been filed and notices of intent to file three others have been recorded.&nbsp; Also, the U.S. Environmental Protection Agency (EPA) notified TVA that the Fly Ash Spill violated the Clean Water Act.&nbsp; The Tennessee Department of Environment and Conservation is also conducting an investigation that could result in fines being levied against TVA, which could also face future regulatory requirements, the filing notes, long-term environmental monitoring. and environmental impact studies.&nbsp; And, if planned dredging disturbs pollutants&mdash;such as PCBs and mercury&mdash;that were in the Emory River prior to the Fly Ash Spill, filing notes and additional remediation might also occur.<br /><br />A Congressional Subcommittee on Energy and Mineral Resources hearing is also underway, said The Tennessean, which noted that the hearing is looking at the structural soundness of coal ash impoundments nationwide and is calling for an oversight bill for federal standards to better ensure landfill/pond integrity in those areas used to dispose of ash from coal-burning power plants.&nbsp; The hearing is focusing on the emerging Coal Ash Reclamation, Environment, and Safety Act of 2009 (H.R. 493).<br /><br />Earlier inspections at TVA&rsquo;s facility found wall failures and called for further analysis.&nbsp; There was also an earlier &ldquo;blowout&rdquo; that dumped water and fly ash on to Swan Pond Road.&nbsp; And, now, researchers say area residents and the environment are being exposed to some serious and dangerous health and environmental toxins, such as radium and arsenic.&nbsp; Radium is a Group-A carcinogenic material, according to the EPA; radium exposure can lead to cancer.&nbsp; Also, arsenic, a toxic metal, can increase the risk of some cancers, skin damage, and circulatory problems.<br /><br />]]></content:encoded>
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		<title>TVA Fly Ash Pond Had Failure in '80s</title>
		<link>http://www.yourlawyer.com/articles/read/16052</link>		
		<pubDate>Thu, 12 Feb 2009 00:00:00 -0800</pubDate>
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		<guid isPermaLink="false">http://www.yourlawyer.com/articles/read/16052</guid>
		<description><![CDATA[The notorious December 22 Tennessee Valley Authority (TVA) Fly Ash Spill is apparently not the first accident of its kind at the Fossil Plant, reported the Knoxville Biz, according to TVA records.TVA's 1984 annual inspection report indicates that one of the pond&rsquo;s interior dikes failed, exterior walls were not designed for additional loads, and an analysis of the walls&rsquo; strength was urged; records reviewed, to date, did not indicate...]]></description>
			<content:encoded><![CDATA[The notorious December 22 <a href="http://www.yourlawyer.com/topics/overview/Tennessee_Fly_Ash_Spill">Tennessee Valley Authority (TVA) Fly Ash Spill</a> is apparently not the first accident of its kind at the Fossil Plant, reported the Knoxville Biz, according to TVA records.<br /><br />TVA's 1984 annual inspection report indicates that one of the pond&rsquo;s interior dikes failed, exterior walls were not designed for additional loads, and an analysis of the walls&rsquo; strength was urged; records reviewed, to date, did not indicate if the review was conducted.&nbsp; The pond dike walls failed and dumped 5.4 million cubic yards of sludge into the Emory River and surrounding land, damaging a variety of homes, three irreparably, said Knoxville Biz.<br /><br />The inspection conducted in August 1984 by D.R. Galloway, a TVA civil engineer revealed that, at the time of the inspection, an interior dike, which was tto maintain dredged sludge separately from incurring slurry, failed, according to Galloway, who wrote, &quot;On the morning of August 8 a failure of this dike resulted in the loss of much of the dredged material to the previously dredged area,&quot; said Knoxville Biz.&nbsp; That accident involved an interior wall.<br /><br />Galloway also noted that exterior walls were not designed for the work being done and wrote, said Knoxville Biz, &quot;The exterior dikes were not designed for additional interior loads which may occur as a result of this dredging future stacking operation.&quot;&nbsp; Galloway suggested a slope stability analysis be conducted to determine if the walls could handle such loads.&nbsp; While it is not known if the analysis was conducted, it is clear that the exterior walls failed in 2008, causing one of the most massive accidents of is kind.<br /><br />In 1985, another civil engineer at <a href="http://www.tva.gov/">TVA</a>, R.D. Powell, wrote in his inspection report, &quot;After the failure of an internal dredge dike on August 8, 1984, another dredge area was formed in the northwestern portion of the ash disposal area by extending the deflector dike constructed of bottom ash to intersect with the raised ash dike adjacent to Swan Pond (Road),&quot; quoted Knoxville Biz.&nbsp; Powell&rsquo;s report does not state if the slope stability analysis was performed and does not repeat the 1984 recommendations.<br /><br />Also revealed were the follow-up measures to a 2003 &ldquo;blowout&rdquo; that dumped water and fly ash on to Swan Pond Road.&nbsp; While analysis was performed on one of the walls, none was performed on this road, according to the 1985 report, said Knoxville Biz.<br /><br />In response to the overwhelming cleanup costs&mdash;between $525 million and $825 million&mdash;said WBIR, one of TVA&rsquo;s executives is planning to take a pay cut and will push off incentive compensation, cutting his 2009 compensation package by half.&nbsp; Also, his direct reports will receive no merit increases and nonunion employees will not be receiving corporate incentives.<br /><br />Most alarming, researchers have found that the massive fly ash spill is exposing area residents and the environment to some serious and dangerous health and environmental outcomes, such as radium and arsenic exposure.&nbsp; Radium is a Group-A carcinogenic material, according to the Environmental Protection Agency; radium exposure can lead to cancer.&nbsp; Also, arsenic, a toxic metal, can increase the risk of some cancers, skin damage, and circulatory problems.<br /><br />]]></content:encoded>
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		<title>KTM Recalls ATVs Over Brake Defect</title>
		<link>http://www.yourlawyer.com/articles/read/16035</link>		
		<pubDate>Wed, 11 Feb 2009 00:00:00 -0800</pubDate>
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		<guid isPermaLink="false">http://www.yourlawyer.com/articles/read/16035</guid>
		<description><![CDATA[All-terrain vehicles (ATVs) made by KTM&nbsp; North America, Inc. have been recalled due to a brake failure problem.&nbsp; According to the Consumer Products Safety Commission (CPSC), anyone with one of these recalled ATVs should stop using the vehicle immediately and contact their local KTM dealer to schedule an appointment for a free repairThe KTM ATV recall involves 2700 vehicles.&nbsp; According to the recall notice, the rear brake caliper...]]></description>
			<content:encoded><![CDATA[<p><a href="http://www.yourlawyer.com/topics/overview/yamaha_rhino_rollover">All-terrain vehicles</a> (ATVs) made by KTM&nbsp; North America, Inc. have been recalled due to a brake failure problem.&nbsp; According to the <a href="http://www.cpsc.gov/cpscpub/prerel/prhtml09/09721.html">Consumer Products Safety Commission</a> (CPSC), anyone with one of these recalled ATVs should stop using the vehicle immediately and contact their local KTM dealer to schedule an appointment for a free repair<br /><br />The KTM ATV recall involves 2700 vehicles.&nbsp; According to the recall notice, the rear brake caliper support can crack and the front brake operation can experience a loss of pressure, posing a risk of the rider losing braking and steering control and suffering injuries or death.&nbsp; The ATVs included in the recall are as follows:</p><ul><li>Model Year: 2008, 2009; Model Name: 450XC; Description: Black/Orange</li><li>Model Year: 2008, 2009; Model Name: 525XC; Description: Black/Orange</li><li>Model Year: 2009; Model Name: 450SX;&nbsp; Description: Black/Orange</li><li>Model Year: 2009; Model Name: 505SX; Description:&nbsp; Black/Orange</li></ul>The recalled KTM ATVs were sold at&nbsp; KTM dealers nationwide from August 2007 through January 2009 for between $9,300 and $11,700. Consumers with the recalled ATVs have been directly contacted regarding this recall. Anyone seeking additional information about this recall should contact KTM toll-free at (888) 985-6090 between 8 a.m. and 5 p.m. ET Monday through Friday or visit the firm&rsquo;s Web site at www.ktmnorthamerica.com<br /><br />Unfortunately, ATV recalls are not rare, and these vehicles can be quite dangerous.&nbsp; The CPSC&rsquo;s 2007 Annual Report on ATV-related Deaths and Injuries found that serious injuries requiring emergency room care increased from 146,000 in 2006 to 150,900 in 2007.&nbsp; Since 2001, the increase is statistically significant at 37 percent.&nbsp; The estimated number of ATV-related fatalities was 948 in 2005 and 882 in 2006.&nbsp; Since 2001, there has been a statistically significant 17 percent increase in children under 16 who have been seriously injured on ATVs.<br /><br />Part of the Consumer Product Safety Improvement Act of 2008&nbsp; that we have been reporting on and that goes into effect today includes an ATV safety provision that creates a mandatory safety standard for ATVs. However, critics of the rules complained that they primarily protected the economic interests of the largest ATV manufacturers.<br /><br />]]></content:encoded>
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		<title>Mississippi River Oil Spill Witness:  Towing Company Regularly Used Improperly Licensed Pilots</title>
		<link>http://www.yourlawyer.com/articles/read/16029</link>		
		<pubDate>Tue, 10 Feb 2009 00:00:00 -0800</pubDate>
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		<guid isPermaLink="false">http://www.yourlawyer.com/articles/read/16029</guid>
		<description><![CDATA[The Coast Guard's hearing into last summer's Mississippi River oil spill resumed yesterday, with a former port captain for DRD Towing testifying that the company regularly let low-level mariners take charge of vessels they were not licensed to operate alone.&nbsp; According to The New Orleans Times-Picayune,&nbsp; the former port captain told the hearing that he wasn't worried that an improperly licensed pilot was working alone on a DRD towboat...]]></description>
			<content:encoded><![CDATA[The Coast Guard's hearing into last summer's <a href="http://www.yourlawyer.com/topics/overview/Mississippi_River_Oil_Spill">Mississippi River oil spill</a> resumed yesterday, with a former port captain for DRD Towing testifying that the company regularly let low-level mariners take charge of vessels they were not licensed to operate alone.&nbsp; According to The New Orleans Times-Picayune,&nbsp; the former port captain told the hearing that he wasn't worried that an improperly licensed pilot was working alone on a DRD towboat involved in the spill because &quot;he always did&quot;. &nbsp;<br /><br />The Mississippi River oil spill occurred on July 23 when the tanker Tintomara and a barge carrying 419,000 gallons of oil - being towed by the DRD towboat, the&nbsp; Mel Oliver - collided. The barge split in half, spilling much of its cargo into the river. It is estimated that about 280,000 gallons of oil actually spilled into the Mississippi.&nbsp; The spill was the worst to ever occur on the lower Mississippi River.<br /><br />At the time of the spill, the Mel Oliver was being piloted by apprentice mate John Bavaret.&nbsp; But because he did not hold a proper license, Bavaret should never have been allowed to steer the Mel Oliver without supervision.&nbsp;&nbsp; The Mel Oliver's captain, Terry Carver, had left his post just days before the spill.&nbsp; Members of the crew said he had gone ashore on July 20 to deal with a problem with his girlfriend.&nbsp; Carver had promised to return to the vessel within 18 hours, but never did.<br /><br />Gary Daigle said at the <a href="http://www.uscg.mil/">Coast Guard</a> hearing yesterday that he had left his port captain job with DRD shortly before the oil spill to take a lower level crew job because of his discomfort with the company's policy of allowing improperly licensed pilots to operate&nbsp; its vessels.&nbsp; According to the Times Picayune, he said he warned the owners of DRD Towing that allowing apprentice mates to work alone could cause problems for the company.<br /><br />According to the Associate Press, Daigle also said he helped Carver leave the Mel Oliver prior to the spill.&nbsp; Daigle did not worry about Bavaret working alone on the Mel Oliver because &quot;he always did.&quot;<br /><br />According to the Associated Press, Daigle said that DRD used three or four apprentice mates to steer the company's boats. The pilots should have been supervised by a fully licensed captain but they were not. Daigle said Randall Dantin, one of DRD's owners, authorized the improper use of apprentice mates as pilots.<br /><br />DRD has since shut down.&nbsp;&nbsp; Daigle said he now works for a company called Oak Marine Service in Harahan, Louisiana.&nbsp; According to the Associated Press, that company is owned by Randall Dantin's sister.<br /><br />]]></content:encoded>
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		<title>Accident Lawyer and Attorney</title>
		<link>http://www.yourlawyer.com/practice_area/accidents</link>		
		<pubDate>Tue, 10 Feb 2009 00:00:00 -0800</pubDate>
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		<guid isPermaLink="false">http://www.yourlawyer.com/practice_area/accidents</guid>
		<description><![CDATA[Parker Waichman Alonso LLP is leader in a accident injury litigation. We are currently evaluating accident cases in all 50 states.&nbsp; For more information on specific accident types please see our menu listed below. Please fill out the form at the right for a free case evaluation by a qualified attorney.]]></description>
			<content:encoded><![CDATA[<p>Parker Waichman Alonso LLP is leader in a accident injury litigation. We are currently evaluating accident cases in all 50 states.&nbsp; For more information on specific accident types please see our menu listed below. Please fill out the form at the right for a free case evaluation by a qualified attorney.<br /><span style="font-weight: bold; font-style: italic;"></span></p>]]></content:encoded>
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