On Dec 17, 2010, Judge Shepherd ordered the Kentucky Energy & Environment Cabinet to post the proposed consent judgments with ICG and Frasure Creek to its website and provide for a 30 day public comment period. When the Appalachia Water Watch crew went to the state’s website to see if they followed the Judge’s order we found that they did not post all the documents incorporated by reference into the consent judgments. Because the public needs access to the whole record so that they can fully comment on the proposed Consent Judgments, we sent a letter to Judge Shepherd and asked him to clarify his order and require that the full Complaints and Exhibits be posted on the cabinet’s website.

The Energy and Environment Cabinet objected and complained to the judge that our request was “unreasonable” and “unduly burdensome” because they would have to post an additional 400 pages of material. While we wait to see if the Judge will clarify the order and make the state provide the full record for public comment, we thought we would show the Energy and Environment Cabinet how easy it is to post everything to a website. We didn’t find it unduly burdensome to provide the full record of Clean Water Act violations made by ICG and Frasure Creek. For your viewing and downloading pleasure here is the:

I guess the larger question is why doesn’t the Energy and Environment Cabinet want the public to see the full record? Perhaps a recent editorial in the Lexington Herald Leader newspaper explains why the Cabinet is so embarrassed:

“The environmental groups uncovered a massive failure by the industry to file accurate water discharge monitoring reports. They filed an intent to sue which triggered the investigation by the state’s Energy and Environment Cabinet. Also revealed was the cabinet’s failure to oversee a credible water monitoring program by the coal industry.”

Persons wishing to comment upon or object to either or both Consent Judgments are invited to submit comments electronically to the Cabinet at water@ky.gov or by U.S. mail to the Franklin Circuit Court, Division I, 669 Chamberlin Ave., Frankfort, KY 40601or to the cabinet at Division of Water, Attn: Public Information Officer, 200 Fair Oaks, 4th Floor, Frankfort, KY 40601.