Skip to content

Higher Fines for Big Coal in Kentucky Clean Water Act Case

By Erin Savage

The Kentucky Energy and Environment Cabinet recently reached a settlement of $507,000, with Nally & Hamilton Enterprises, Inc., a mountaintop removal coal mining company in eastern Kentucky.
The fine tops previous record-setting fines issued in Appalachian Voices’ on-going case against Frasure Creek and ICG coal companies, $310,000 and $350,000, respectively. Appalachian Voices, Kentuckians for the Commonwealth, Kentucky Riverkeeper, Waterkeeper Alliance and the Natural Resources Defense Council are suing Nally & Hamilton for 12,000 violations of the Clean Water Act.

On Sept. 14, a conference was held for the Office of Administrative Hearing case between the cabinet and Nally & Hamilton to determine whether Appalachian Voices and its partners may continue with legal proceedings as intervenors in the case. The decision halted legal proceedings, including Appalachian Voices’ ability to request additional records from Nally & Hamilton and the cabinet.

The cabinet failed to respond to any previous discovery requests, before the recent conference. Without disclosure of relevant information, it cannot be determined whether the settlement is based on a thorough investigation or if it will remedy past and deter future violations.

Though the fines represent a major step toward holding coal companies accountable for their pollution, they are still insufficient. Under Kentucky law, Nally & Hamilton could be fined $300 million.

The settlement provides a low monetary penalty, ignores the potential of fraud, provides little deterrent for future violations and absolves Nally & Hamilton of liability for additional violations already committed.

The cabinet also failed to identify most of the violations uncovered by Appalachian Voices and did not include Appalachian Voices and its partners in the settlement negotiations. For these reasons, Appalachian Voices and its partners continue to pursue Clean Water Act justice as intervenors in this case.

AV-mountainBorder-tan-medium1

Leave a comment

Your email address will not be published. Required fields are marked *

Leave a Comment





find relaxation with cannabis gummies for sleep a natural solution for a restful night 39 s sleep regen cbd gummies reviews and complaints separating fact from fiction 12812 unleash the fun why carnival cruise cbd gummies are the perfect companion for your next voyage experience the royal treatment with r a royal cbd gummies a game changing solution for overall wel unlock a restful night 39 s sleep with joy nutrition cbd sleep gummies the ultimate solution for a hap sleep better tonight with our sleep cbd gummy a game changing solution for a restful night 39 s sleep experience the perfect balance 10 mg cbd 10 mg thc gummies for ultimate relaxation and relief how long do cannabis gummies last a comprehensive guide 15812 effective herb for erectile dysfunction a comprehensive guide to natural remedies 6750 finding the best erectile dysfunction medication a comprehensive guide 989 why male enhancement gummies are a top choice for men exploring the benefits of sex gummies cbd for enhanced intimacy the goat male enhancement a comprehensive review of its effectiveness and safety 17950 provigor male enhancement gummies a comprehensive review of their effectiveness and safety 20090 best keto weight loss gummies a comprehensive review of the top rated supplements for achieving opt experience the power of cannabis gummies for weight loss a comprehensive guide to achieving a healt unlock the power of keto plus apple cider vinegar gummies a game changing supplement for a healthie descubre la verdad sobre ketoplus es un producto efectivo para adelgazar de manera saludable best time to work out for weight loss how 630 a m changed my life and helped me lose 42 pounds experience the delicious power of keto bites gummies a game changing snack for ketogenic diets