Litigation | Kentuckians For The Commonwealth

Litigation

Big win: Judge rejects deals between Kentucky officials and coal company

The Franklin Circuit Court on Monday issued two long-awaited orders rejecting settlement deals between the Kentucky Energy and Environment Cabinet and Frasure Creek Mining arising from the coal company’s thousands of violations of the Clean Water Act from 2008 through 2011.

In extraordinarily vigorous language, Judge Phillip Shepherd said that due to the coal company’s actions, “The inherent danger of the violations at issue here to the environment is impossible to determine based on Frasure Creek's wholesale abdication of its monitoring and reporting responsibilities, and the cabinet's inability to fully investigate the environmental harm that is likely to have occurred.”

“Since October 2010, we have been in the courts to see that the law be enforced in the state of Kentucky,” said Ted Withrow, a member of KFTC's Litigation Team. “These rulings by Judge Shepherd serve to enforce that right of the people."

In 2010, Appalachian Voices, Kentucky Waterkeeper Alliance, Kentucky Riverkeeper, KFTC and several individuals made public more than 20,000 violations of the Clean Water Act from 2008 to 2010 by Frasure Creek and a second coal company, International Coal Group (which later settled out of court). Under the law, these violations could be subject to hundreds of millions of dollars in fines. On the 57th day, the cabinet and Frasure Creek entered a proposed consent agreement that included only 1,520 violations and combined fines of just $310,000.

Groups challenge U.S. EPA decision allowing Kentucky officials to gut clean water protections from selenium pollution

Additional Contacts

Judy Petersen
Kentucky Waterways Alliance
502 589-8008 Judy@kwalliance.org

Sean Sarah, Sierra Club
330 338-3740 sean.sarah@sierraclub.org

Bruce Stanley Discusses "The Price of Justice"

We all know money talks, but surely not to the American justice system, right?  Bruce Stanely knows it does, at least in West Virginia where powerful coal baron Don Blankenship, CEO of Massey Energy, bought two West Virginia Supreme Court Justices.  Stanely, presenting the book about his experience, The Price of Justice, told 55 attendees in an overflow crowd at Carmichael’s Book Store Frankfort Ave. about the 14-year struggle he took part in against Massey Energy and its coal baron mastermind Blankenship.  The struggle would result in sabotaged computers, behind the scenes trips to the French Riviera, betrayal by disgruntled lovers, and winning a case before the U.S. Supreme Court.  It’s the sort of intrigue that usually belongs in a Grisham novel—in fact, Grisham has publicly said he wishes he wrote the book. 

Bruce Stanley: The Price of Justice

Carmichael's Bookstore and KFTC will host attorney Bruce Stanley for a discussion of the new book "The Price of Justice" written by Laurence Leamer

Kentuckians Step In When Coal Companies Falsify Water Reports

KFTC's litigation case against Frasure Creek and ICG mining companies is highlighted in Equal Voices News.  Equal Voices News is published by 

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