Cross-posted from Kentuckians for the Commonwealth, one of our partners in our legal action against ICG and Frasure Creek Mining:

The Kentucky Court of Appeals has ruled in favor of KFTC, Appalachian Voices, Kentucky Riverkeeper and the Waterkeeper Alliance by denying the request from the Kentucky Energy and Environment Cabinet and Frasure Creek Mining and ICG coal companies for “emergency relief” from Judge Phillip Shepherd’s Feb. 11 ruling.

The Cabinet and coal companies want to block citizens’ intervention in a consent agreement they reached that addresses the thousands of water pollution violations that were brought to light by the citizens groups in a notice of intent to sue last fall.

“In sum, the fact that petitioners would prefer to settle their differences without submitting to the additional discovery requested by Appalachian Voices (and other groups) simply does not warrant intervention by this Court on an emergency basis. Accordingly, the requested stay must be DENIED.”

The Appeals Court has so far only denied the request for “emergency relief”, which means that Judge Shepherd’s ruling is allowed to stand until the Court of Appeals makes its ruling on the appeal by the Cabinet and the coal companies. This means that the lawyers for the citizens groups will be allowed to move forward with their investigation into the consent agreement and the lawyers will be allowed to depose people in their investigation.

We have no word on when the Court of Appeals will make a final ruling on the Cabinet and coal companies actual appeal of Judge Shepherd’s ruling.