Posts Tagged ‘Kentucky’

State Legislative Updates

Monday, April 13th, 2015 - posted by Dac Collins

While lawmakers in Washington, D.C., might get most of the spotlight, the legislators in state capitols across the region are busy making — and blocking — laws that affect Appalachia’s land, air, water and people. Here’s the latest updates from state legislatures around the region.

Kentucky

Session convened Jan. 6, adjourned March 24

Perhaps the most publicized and contentious environmental law to pass during the Bluegrass State’s 30-day legislative session was an update to existing oil and gas drilling rules that addresses some of the challenges posed by fracking.

A new energy law creates an Environmental Regulation Task Force to review how electricity reliability in the state is affected by federal environmental regulations. The task force, which environmental groups say is skewed toward industry, will produce a report by December 2015.

Gov. Beshear also signed a bill that helps local governments finance water and energy efficiency projects. A committee hearing on the Clean Energy Opportunity Act, which would require Kentucky utilities to meet a certain portion of electricity demand through energy efficiency and renewables, was cancelled due to a March snowstorm, but a hearing during the legislative interim is expected.

It will be more difficult for timber companies designated as “bad actors” to operate in the state without paying civil penalties and remediating logging sites under another new law. And new rules regarding how local governments can handle stray horses and cattle provide guidelines for identifying owners and for gelding, or sterilizing, male animals if an owner is not found. — By Molly Moore

North Carolina

Session convened Jan. 14, adjourns early July

Since the legislative session began in January, the rules regulating oil and gas drilling in North Carolina went into effect and the state’s long-standing moratorium on fracking was lifted. A bipartisan bill introduced to “disapprove” the rules was left to expire in March.

The first law passed this session clarifies technical issues with the Coal Ash Management Act passed last September and removes a previous legal requirement that the state develop rules to limit air pollution from fracking operations. A three-judge panel ruled in favor of Governor McCrory, who claims that the Coal Ash Management Commission is unconstitutional because there are more legislative appointments than executive. The ruling means that progress cleaning up coal ash throughout the state will stall. It also affects the commission that wrote the fracking rules, which could impact the validity of the drilling regulations.

The bipartisan Energy Freedom Bill, which would open up the state to third-party sales for solar projects, was introduced in March. The bill is supported by environmental groups, large businesses and the military, but strongly opposed by Duke Energy, which currently has a monopoly on the state’s power production.

Though polls show that North Carolinians overwhelmingly support renewable energy options, Gov. McCrory continues to push for opening the coast to offshore oil drilling, which is a possibility now that President Obama is allowing states to pursue offshore drilling in the Atlantic. — By Sarah Kellogg

Tennessee

Session convened Jan. 13, adjourns late April

At the end of March, a bill to transfer oversight of surface mining in Tennessee from federal to state regulators had passed through a state Senate committee and state House subcommittee. The Primacy and Reclamation Act of Tennessee would end the federal Office of Surface Mining’s 31-year term as the regulatory agency charged with ensuring that coal mining operations in the state abide by surface mining and mined-land reclamation laws. That responsibility would pass to the Tennessee Department of Environment and Conservation. In 1984, the federal agency assumed oversight of surface mining in Tennessee due to the state’s poor enforcement of environmental laws.

The Tennessee Mining Association says a return to state regulation will lead to faster approval of mining permits. Opponents of the bill argue that fees levied on coal companies to pay for the costs of administering the regulatory program would be insufficient, and leave the state bearing an added cost.

A bill to provide a general permit for noncommercial gold mining appears idle for the year; opponents were concerned the bill could damage water quality and trout populations in the Cherokee National Forest. And a bill to help finance renewable energy and energy efficiency was moving through legislative committees at press time. — By Molly Moore

Virginia

Session convened Jan. 14, adjourned Feb. 27

In the 2015 legislative session, Virginia electric utilities lobbied for what they described as a partial rate freeze, though consumer advocates said that average electric bills could still increase and the legislation would make it more difficult for regulators to catch utility over-earnings or require refunds. But amendments on the same bill declared solar energy development and energy efficiency programs as in the public interest, and the legislation passed.

Another bill would have joined Virginia into a regional network of states limiting greenhouse gas emissions. Through pollution allowance auctions, this initiative would raise funds for efforts such as coastal adaptation to sea level rise and renewable energy workforce training. The bill did not receive a vote, but this concept will likely be reintroduced next year.

Two new laws that passed will increase the size of nonresidential solar installations that can sell power back to the grid and encourage renewable energy and energy efficiency for multi-family and commercial buildings.

Meanwhile, Gov. McAuliffe reiterated his strong support for the Atlantic Coast Pipeline, one of three proposed pipelines that would, if built, carry fracked gas across ecologically sensitive areas. A bipartisan bill would have prevented interstate companies from entering and surveying private property without the written consent of the owner, but that legislation failed to pass, as did an attempt to make public service corporations using eminent domain subject to the Freedom of Information Act. — By Hannah Wiegard

West Virginia

Session convened Jan. 14, adjourned March 14

Governor Earl Ray Tomblin received criticism from mine-safety and environmental groups for signing the Coal Jobs Safety Act, a law that United Mine Workers of America President Cecil Roberts said “marks the first time in West Virginia history that our state has officially reduced safety standards for coal miners.” The legislation also prevents citizens from suing coal companies for violating Clean Water Act standards if those standards were not specified in the state mine permit, along with several other industry-supported changes to environmental rules.

The state also lowered the number of aboveground chemical storage tanks that need to comply with safety regulations by roughly 75 percent — the storage tank rules passed in the wake of the 2014 Elk River chemical spill. The legislature did agree to strengthen water quality standards for a 72-mile stretch of the Kanawha River so that it can be used as a backup drinking water source for the now-notorious Elk River intake.

A bill that would have allowed “forced pooling” for horizontal oil and gas wells narrowly failed. Forced pooling, which is currently allowed for vertical wells in the state, requires all mineral owners to lease their land for drilling if a certain percentage of other mineral owners in an drilling tract agree.

Two bills intended to expand the scope of agricultural cooperatives and make it easier for growers to sell at farmer’s markets also passed. — By Molly Moore

Kentucky Seeks to Keep Asian Carp In Check

Wednesday, April 8th, 2015 - posted by Dac Collins

By Dac Collins

In its first annual report to Congress on invasive Asian carp, the U.S. Fish and Wildlife Service said in February that the aggressive fish are spawning in the Ohio River at Louisville, and have been detected as far upriver as Huntington, W.Va.

Asian carp disrupt the ecological balance of lakes and rivers by outcompeting native fish species for food and habitat. They have spread throughout the Mississippi River watershed into over twenty states since they were first introduced in the 1970’s.

Ron Brooks of the Kentucky Department of Fish and Wildlife Resources told The Courier-Journal that the spread of the voracious species is “definitely one of the most important problems we are going to have to deal with for a while.”

Kentucky is stepping up its commercial fishing efforts and currently removing approximately 40 tons of Asian carp every week from the Ohio River.

Going to court for clean water

Tuesday, March 17th, 2015 - posted by eric
A satellite image on Google Earth, taken October 2013, of a mine in Breathitt County, Kentucky, owned by Frasure Creek Mining.

A satellite image on Google Earth, taken October 2013, of a mine in Breathitt County, Kentucky, owned by Frasure Creek Mining.

Last week, Appalachian Voices and our partners in Kentucky sued Frasure Creek Mining in federal court for more than 20,000 violations of the Clean Water Act, amounting to nearly $700 million in potential fines. (Read the press release.)

In 2013 and 2014, Frasure Creek Mining submitted more than 100 reports to the Kentucky Energy and Environment Cabinet that contained false water monitoring data. These reports are supposed to be used to make sure companies are meeting the water pollution limits in their permits, but when companies turn in false reports, that task becomes impossible.

In the first quarter of 2014, nearly half of Frasure Creek’s water monitoring reports were false. Most contained data copied from previous reports.

But what if Frasure Creek copied a report that contained violations of their pollution limits? In a few cases where the first report contained violations, the entire report is copied except for the violations.

A few years ago, Frasure Creek was the top producer of coal from mountaintop removal mines in Kentucky. It recently emerged from bankruptcy and in 2014, the company didn’t produce any coal from its 60 Kentucky mines, a fact that doesn’t seem to have affected Frasure Creek’s parent company Essar, or its billionaire owners, Shashi and Ravi Ruia. Although Frasure Creek has stopped producing coal for the time being, its mines continue to produce toxic pollution and continue to wrack up numerous violations from the state for failing to properly reclaim the mines.

Friday’s lawsuit is the next step in what has been a long fight for clean water and proper oversight in Kentucky. We first uncovered similar false reports from Frasure Creek and two other coal companies 2010, and took legal action. Frasure Creek’s earlier violations have yet to be resolved. Late last year, inadequate settlements between Frasure Creek and the Cabinet were thrown out by a Kentucky judge, and that decision is now being appealed.

Appalachian Voices is joined in these efforts by Kentuckians For The Commonwealth, Kentucky Riverkeeper, the Sierra Club and the Waterkeeper Alliance. The citizens’ groups are represented by Mary Cromer of Appalachian Citizens Law Center, attorney Lauren Waterworth, and the Pace Law School Environmental Litigation Clinic.

Read past posts about our clean water lawsuits in Kentucky.

Groups Sue Kentucky Mining Company

Friday, March 13th, 2015 - posted by cat

Contacts:
Eric Chance, Appalachian Voices, 828-262-1500, eric@appvoices.org
Ted Withrow, Kentuckians For The Commonwealth, 606-782-0998, tfwithrow@windstream.net
Pat Banks, Kentucky Riverkeeper, 859-200-7442, kyriverkeeper@eku.edu
Pete Harrison, Waterkeeper Alliance, 828-582-0422, pharrison@waterkeeper.org
Adam Beitman, Sierra Club, 202-675-2385, adam.beitman@sierraclub.org

Pikeville, Ky. – A coalition of citizens groups today filed a federal lawsuit against Frasure Creek Mining, LLC, for submitting to the state more than 100 false water pollution monitoring reports from its Kentucky coal mines. The false reports amount to nearly 20,000 violations of the federal Clean Water Act and carry a total maximum penalty of more than $700 million.

>> The lawsuit is available here.(pdf)

The violations occurred at Frasure Creek’s mountaintop removal coal mines in Floyd, Magoffin, Pike and Knott counties in Eastern Kentucky. Frasure Creek, formerly the state’s top producer of coal from mountain top removal mining, is a subsidiary of Essar Group, a multi-billion dollar international corporation based in India. In November, the groups sent Frasure Creek a “notice of intent” to sue after at least 60 day, as required by the Clean Water Act.

“By all indications, this case looks like the biggest criminal conspiracy to violate the federal Clean Water Act in the history of that law,” said Waterkeeper Alliance attorney Pete Harrison.

The pollution discharge monitoring reports are supposed to be used by state regulators to ensure companies stay within the permitted limits for pollutants. The Kentucky Energy and Environment Cabinet, however, failed for years to take action on Frasure Creek’s mounting violations.

The mining company has a history of similar false reporting. Almost five years ago, citizens’ groups uncovered falsified pollution reports, which led to two cases against Frasure Creek that have yet to be resolved. In both cases, the cabinet reached slap-on-the-wrist settlements with the company, preempting citizen involvement. In December, a Kentucky judge threw out those settlements. The cabinet is now appealing that ruling.

In January, 59 days after the groups revealed the company’s latest violations, the cabinet took administrative action against the company. The groups have filed to intervene in that action to try to ensure the state appropriately enforces the law.

“Frasure Creek is using false reports to mask serious pollution problems,” said Eric Chance, Water Quality Specialist for Appalachian Voices. “And the cabinet is failing in its duty to enforce the law and protect the people of Eastern Kentucky from dangerous pollution, which is why citizens’ groups have had to step up and do the job through lawsuits like this one.”

“Our state officials have turned a blind eye to what is obviously serious problem,” said Ted Withrow, a member of Kentuckians For The Commonwealth and retired Big Sandy River basin coordinator for the Kentucky Division of Water. “False reporting is widespread within the coal industry, but state regulators have little incentive to identify problems like these when there are false reports that make everything look great.”

“Coal jobs may be leaving the state, but the industry’s legacy of environmental damage is here to stay,” said Pat Banks, Kentucky Riverkeeper. “With declining coal production, we need to be more diligent than ever to make sure companies can’t cut corners at the expense of local residents and the environment. We need healthy people and a healthy environment for Eastern Kentucky to be able to flourish.”

“Self-reported data is the backbone of Clean Water Act enforcement,” said Alice Howell, of the Sierra Club’s Cumberland (Kentucky) Chapter. “When companies like Frasure Creek submit false data it completely undermines all the protections we have in place to make sure our water is safe.”

The citizens groups — Appalachian Voices, Kentuckians For The Commonwealth, Kentucky Riverkeeper, Sierra Club and Waterkeeper Alliance – are represented by Mary Cromer of Appalachian Citizens Law Center, attorney Lauren Waterworth, and the Pace Law School Environmental Litigation Clinic.

Groups Seek to Ensure Ky. Enforces Clean Water Law

Monday, February 23rd, 2015 - posted by cat

Contacts:

  • Eric Chance, Appalachian Voices, 828-262-1500, eric@appvoices.org
  • Ted Withrow, Kentuckians For The Commonwealth, 606-782-0998 (c), tfwithrow@windstream.net
  • Pat Banks, Kentucky Riverkeeper, 859-200-7442, kyriverkeeper@eku.edu
  • Pete Harrison, Waterkeeper Alliance, 828-582-0422, pharrison@waterkeeper.org
  • Adam Beitman, Sierra Club, 202-675-2385, adam.beitman@sierraclub.org

Frankfort – A coalition of citizens groups today filed a motion to intervene in a state enforcement action against Frasure Creek Mining for violating the Clean Water Act at its coal mining operations in eastern Kentucky. Last November, the groups identified thousands of instances where Frasure Creek had falsified water pollution discharge monitoring reports and sent the company a notice of their intent to sue. In response, the Kentucky Energy and Environment Cabinet filed a complaint against Frasure Creek for these violations in the agency’s administrative court.

The groups are seeking to intervene in the state’s enforcement action to ensure that Frasure Creek is held fully accountable for the violations, and that the state secures sufficient corrective action, which is particularly important because of the company’s past violations. In 2010, citizens’ groups had uncovered similarly falsified discharge monitoring reports by Frasure Creek, and sent the company a notice of intent to sue to enforce the Clean Water Act. The state stepped in, pre-empting the lawsuit, and reached a settlement with Frasure Creek that amounted to a slap on the wrist. The settlement was thrown out by Franklin Circuit Court Judge Phillip Shepherd in December, but the state has appealed.

“The cabinet’s previous enforcement actions were clearly too weak, because Frasure Creek has returned to its practice of covering up pollution violations by re-using old data,” said Eric Chance, Water Quality Specialist for Appalachian Voices. “We want to make sure enforcement is adequate this time.”

“The people of Kentucky deserve clean water, and companies need to know that they can’t hide behind an agency that accepts false reports,” said Ted Withrow, a former cabinet employee, now a volunteer for Kentuckians For The Commonwealth.

“Frasure Creek is not the only company turning in false reports to the state, and the cabinet needs to make an example out of them,” said Kentucky Riverkeeper Pat Banks. “Without accurate information, how can we expect to have real enforcement, or know if our water is safe?”

Today’s motion to intervene was sent by Appalachian Voices, Kentucky Riverkeeper, Kentuckians For The Commonwealth, Waterkeeper Alliance and the Sierra Club. The groups are represented by Mary Cromer of Appalachian Citizens Law Center, attorney Lauren Waterworth, and the Pace Law School Environmental Litigation Clinic.

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Déjà vu in Kentucky clean water cases

Monday, February 23rd, 2015 - posted by eric

frasure_creek

Appalachian Voices and our partners have filed a motion to intervene in a case between the Kentucky Energy and Environment Cabinet and Frasure Creek Mining to ensure clean water laws are being enforced in Kentucky.

Late last year we filed a 60-day Notice of Intent to Sue against Frasure Creek after we uncovered thousands of false water monitoring reports the company turned into the state.

The Kentucky cabinet was unaware of these false submissions and responded by filing an administrative complaint against Frasure Creek covering all of the false data we found, a common tactic for state agencies to prevent citizen involvement in this type of case. Now, we are filing a motion to become parties to the cabinet’s enforcement action.

To anyone following our lawsuits against Frasure Creek, these recent developments will sound familiar. This isn’t the first time we’ve caught the company turning in false water monitoring reports. Frasure Creek was one of three Kentucky coal companies we filed legal actions against in 2010 and 2011 for submitting falsified pollution reports that were concealing water quality violations.

In all of those cases the cabinet stepped in with slap-on-the-wrist settlements, compelling us to intervene in cases where we had brought the violations to light. The only difference in this case is that Frasure Creek and the cabinet have yet to reach a settlement, so we haven’t seen how lax the enforcement will be this time around.

Both of the cabinet’s previous settlements with Frasure Creek were thrown out by Franklin Circuit Court Judge Phillip Shepherd last December. In a scathing opinion, Shepherd stated that when “one company so systematically subverts the requirements of law, it not only jeopardizes environmental protection on the affected permits, it creates a regulatory climate in which the Cabinet sends the message that cheating pays.”

Judge Shepherd’s rulings are being appealed by the cabinet (think about that, the state agency, not Frasure Creek, is asking for an appeal). But we are hoping that this time around the cabinet will take us seriously, and won’t reach a weak settlement or resort to legal run-arounds to prevent citizen involvement. After all aren’t our state agencies supposed to be accountable to the people, not to the corporations they are supposed to regulate?

Appalachian Voices is joined in these efforts by Kentuckians For The Commonwealth, Kentucky Riverkeeper, the Sierra Club and the Waterkeeper Alliance. The citizens’ groups are represented by Mary Cromer of Appalachian Citizens Law Center, attorney Lauren Waterworth, and the Pace Law School Environmental Litigation Clinic.

Read past posts about our clean water lawsuits in Kentucky. Subscribe to the Front Porch Blog to receive regular updates.

The Kentucky Creative Industry Report

Tuesday, February 17th, 2015 - posted by Dac Collins

By Dac Collins

Arts advocates were thrilled when the Kentucky Arts Council released the Kentucky Creative Industry Report this winter, the first report of its kind to fully acknowledge the contribution of the creative industry to the state’s economy.

The creative industry accounts for $1.9 billion in annual state revenue and approximately 2.5 percent of all employment in the state, providing about 60,000 jobs. That is roughly equivalent to the amount of jobs created by the information technology and communications industry and it is significantly more than the estimated 12,000 workers directly employed by Kentucky’s coal mining industry.

This 2.5 percent includes traditional artists, such as painters, musicians and writers, as well as non-traditional artists, such as web designers, advertisers and architects.

Bob Stewart, secretary of the state Tourism, Arts & Heritage Cabinet, says the report finally gives supporters of the arts “the data we need to prove the arts’ significance economically.”

Funding Cuts for Hazardous Waste Management

Tuesday, February 17th, 2015 - posted by Dac Collins

By W. Spencer King

Starting this year, Kentucky’s hazardous waste management fund will have $1 million less to work with annually.

Some contaminated sites, such as old fuel refineries, will be abandoned due to the tight budget. Tim Hubbard, assistant director of Kentucky’s Division of Waste Management, told WDRB News that money being cut from the budget was set aside in case of an expensive hazardous waste emergency.

Officials say funding cuts will make it difficult for the state to coordinate cleanups and monitor hazardous sites that are not considered a federal priority.

The state legislature will vote to reauthorize the fund in June 2016.

The “Pinnacles” of Berea

Monday, February 16th, 2015 - posted by Dac Collins

By Nick Mullins

The winter sun breaks through the clouds over Baker Hollow, one of the many striking vistas found along the 9-mile Indian Fort Mountain trail system. Photo by Nick Mullins

The winter sun breaks through the clouds over Baker Hollow, one of the many striking vistas found along the 9-mile Indian Fort Mountain trail system. Photo by Nick Mullins

Journeying thirty miles south of Lexington on I-75, the low, undulating hills of Kentucky farmland transform into forested mountains rising to the meet the sky. Tucked against the edge of the Cumberland Plateau sits Berea, a small town that began as a settlement of abolitionists seeking to teach their message that “God has made of one blood all peoples of the Earth.” Berea is now known for the college of the same name founded in 1855 that provides a tuition-free liberal arts education to students of limited means, and for the town’s thriving arts and crafts industry.

Of the many extraordinary things Berea is known for, few realize too that Berea is home to Kentucky’s largest privately managed forest — more than 8,400 acres owned by the college and maintained by the wonderful folks in their forestry department. What’s more, the forest contains a variety of natural landmarks, many of which are accessible to the public through nearly 12 miles of trail networks, including 9 miles that traverse Indian Fort Mountain.

At 8 a.m., I’m the first one in the parking lot of the Indian Fort Theatre, which serves as the primary trailhead to the Indian Fort Mountain trail system and the scenic “Pinnacles.” The night brought with it a fresh snow that covers the trees. Small clumps fall to the ground as a slight breeze shuffles the leafless canopy of limbs and branches. My lungs are invigorated as I take a deep breath of the clean, crisp air and the foggy breath I exhale signals the beginning of my trip into solitude.

Tracks of squirrel and rabbit cross the path in front of me. The first half-mile of the trail begins with a gentle grade and a small creek crossing before climbing steeply up several switchbacks that cause my heart to pump harder and harder.

I pause to take my outer jacket off and listen to the near silence of the snow, interrupted only by a small creaking from the canopy above. I continue upward to the first split in the trail, one of the first choices that heighten the sense of adventure on the mountain. After only a short hesitation, I choose to go right, making the East Pinnacle my first destination.

The trail wraps around the mountainside and makes for a pleasant walk before climbing further to the next split. Small pines droop over the trail under the weight of ice and new snow, some bobbing up and down as I brush past them.

Halfway along the ridge, fox tracks join the trail and keep me company, stopping only once from their stride to perhaps observe a sound before continuing on. I emerge from the darkness of the pines onto the rocks that form the East Pinnacle. Cold wind from the valley rushes up to meet me as I stand exposed on the bluff. I look down upon the homes dotting a patchwork of farms below, watching thin blue lines of smoke rise from their chimneys.

The silent cold of winter sharply contrasts with the sounds of Mountain Day from years past, when dozens of Berea College students gather on the East Pinnacle to hear the college’s choir sing as the sun rises from beneath the distant mountains. I close my eyes to see the brilliant reds and yellows of fall and the bright smiles of people clapping and dancing to fiddle music after the choir has finished singing up the sun.

HH_Berea_woods

I trek the half-mile back to the last split in the trail, this time taking the Lookout Trail where another steep climb quickens my breath with a variety of switchbacks. Reaching the top of Robe Mountain I consider my choices of trails and destinations. The Eagle’s Nest or the Buzzard’s Roost? Perhaps the Devil’s Kitchen to see the icy cliffs and unique rock formations? Or I could make my way to the Indian Fort Overlook or the West Pinnacle to watch the town of Berea waking from beneath the blanket of snow. I choose just to make a choice, each trail beckoning me, each bend adding eager curiosity to my hastening steps crunching through the fresh snow.

A former coal miner, Nick Mullins attends Berea College and is a volunteer distributor of The Appalachian Voice. Together with his wife and their two children, the Mullins family spends their summers speaking out against mountaintop removal coal mining through the Breaking Clean Tour. Nick is also known for his blog The Thoughtful Coal Miner.

INDIAN FORT MOUNTAIN

Difficulty: Ranges from easy to difficult
Mileage: Trails total 9 miles with a variety of options and distances
Cost: Free and open to the public
Contact: (859) 985-3587

To protect or prosecute polluters?

Tuesday, January 20th, 2015 - posted by eric
Water flowing from one of the discharge points in eastern Kentucky where Frasure Creek Mining was turning in false water monitoring reports.

Water flowing from one of the discharge points in eastern Kentucky where Frasure Creek Mining was turning in false water monitoring reports.

Last week the Kentucky Energy and Environment Cabinet filed an administrative complaint against Frasure Creek Mining for hundreds of violations of the Clean Water Act at its mines in eastern Kentucky.

The filing comes just days before the end of the 60-day waiting period following an intent to sue letter sent by Appalachian Voices and our partners to Frasure Creek and the cabinet last November. Our notice letter described our discovery that the coal company had falsified pollution records over the course of 2013 and 2014, racking up almost 28,000 violations that state regulators failed to notice.

The cabinet’s filing includes all of the violations identified by Appalachian Voices and our partners. Under the Clean Water Act, the state’s action essentially preempts our ability to pursue a federal lawsuit.

Four years ago, when we first revealed that Frasure Creek had been falsifying records, the cabinet preempted our lawsuit by reaching a settlement with the company without our knowledge or participation. Later we were allowed to intervene in the settlement between the cabinet and Frasure Creek, a right which was upheld by the Kentucky Supreme Court.

Because the cabinet only filed a complaint and not a settlement in the latest case, we do not know how vigorous its enforcement will be. But if past enforcement is any guide, then one could expect it will not be very strong. The cabinet’s earlier enforcement actions against Frasure Creek were so paltry that they were thrown out in a recent court ruling, and were clearly not strong enough to ensure that Frasure Creek was in compliance since the company returned to submitting false water monitoring reports.

We will have to wait and see if the cabinet is going to take its responsibility to protect the people and water of Kentucky from dangerous pollution seriously. In the meantime, Appalachian Voices and our partners will continue to do whatever we can to ensure that Frasure Creek and other polluters are held accountable for their actions.

Appalachian Voices is joined in these efforts by Kentuckians For The Commonwealth, Kentucky Riverkeeper, the Sierra Club and the Waterkeeper Alliance. The citizens’ groups are represented by Mary Cromer of Appalachian Citizens Law Center, attorney Lauren Waterworth, and the Pace Law School Environmental Litigation Clinic.