Written by Eric Chance

An agreement negotiated in secret between the Beshear administration and a major polluter in eastern Kentucky does little to protect the public or prevent future violations, claimed several groups representing Kentucky citizens who use water polluted by the company’s coal mining operations.

The citizens’ groups filed a petition in Franklin Circuit Court on Thursday asking that the agreement between Nally & Hamilton Enterprises and the Kentucky Energy and Environment Cabinet be vacated on the grounds that there is “no factual evidence in the record, much less substantial evidence, [that] supports a finding that the Agreed Order is a fair resolution of Nally’s thousands of [Clean Water Act] violations, or that it will be an effective deterrent of future violations.”