Class action lawsuit filed over contamination claims in Henry County

A lawsuit has been filed on behalf of individuals living near the Montrose Generating Station in Henry County, Missouri, claiming that Evergy and three other companies have used the area as a “dumping ground” for fly ash, a byproduct of coal combustion. The class action lawsuit seeks medical monitoring for those who have resided, worked, or attended school within a 10-mile radius of the plant over the past four decades, alleging negligence on the part of the companies involved.

The lawsuit alleges that the property, which once housed a coal-fired power plant owned by KCPL before Evergy’s acquisition, has been a site for the production and storage of coal combustion residuals, commonly known as fly ash, for many years. This practice has led to the contamination of air, land, and water with dangerous toxins, posing a risk to the health and well-being of hundreds of individuals in the community.

The defendants are accused of spreading fly ash across the area, contaminating schools, private properties, and the environment at large. By failing to implement proper containment measures, excess fly ash was released into the air and onto properties, causing economic harm to property owners and increasing the likelihood of diseases associated with exposure to toxins.

In the 1980s, one of the companies realized the profitability of selling fly ash, leading to its distribution by trucks that did not utilize closed systems to prevent the escape of excess ash into the environment. Another company involved in the lawsuit is accused of various practices, such as offsite disposal and landfilling, without adequately containing the fly ash during transportation, resulting in further contamination of the community.

Evergy, in particular, is implicated in storing fly ash in ponds on the power plant property and allowing it to contaminate surrounding areas through runoff and improper handling. Although a closure plan was established in 2016 to cover the fly ash with an engineered cap, the lawsuit claims that the plan has not been executed as intended. Instead, Evergy and another company supposedly excavated fly ash from the ponds in 2020, spreading toxins into the air and further polluting the environment.

The lawsuit demands a jury trial, seeking medical monitoring for affected individuals and financial compensation for damages caused by the defendants’ negligence. This legal action is not an isolated case, as a Henry County couple has already filed a separate lawsuit against the companies, accusing them of improper handling and disposal of fly ash, potentially endangering the health and safety of the community.

In response to allegations, Evergy has stated that it has implemented a dust control plan at the Montrose facility to monitor and mitigate the escape of fly ash into the environment. However, the lawsuit underscores the environmental and health risks posed by the companies’ practices, emphasizing the need for accountability and compensation for the harm caused to the community.