Take action for Clean Water

We've been letting you know about the legal action KFTC and some of our allies are involved with concerning a major Clean Water Act (CWA) enforcement case in eastern Kentucky. Our friends at Appalachian Voices documented more than 20,000 violations of the Clean Water Act by ICG (International Coal Group) and Frasure Creek Mining over a two-year period. In October, we joined AppVoices and other allies in giving 60 days notice to the companies that we intended to sue them under CWA to force compliance with the law.

This case also implicated the Kentucky Energy and Environment Cabinet for not noticing or acting on these violations that had been reported to them. The cabinet investigated a few thousand of the violations we alleged and confirmed that they were true, and found additional ones. On December 3 – one day before we could file a federal lawsuit against ICG and Frasure Creek – the Beshear administration asked Franklin Circuit Court to approve consent judgments that fined the companies and spelled out some remedial action.

We oppose these agreements because we believe they do little to discourage future violations, do not help the communities hurt by the pollution, and because the penalties are small considering the number and seriousness of the violations. We also note that they do not address the apparent criminal fraud involved. The ally groups have filed a Motion to Intervene to make sure ours and the public's interest was represented in any settlements with the coal companies.

State officials and the coal companies oppose citizen intervention. They wanted the consent agreements rubber-stamped. In a brief filed last week opposing our motion to intervene, the Beshear administration argued that citizens do not have "cognizable, legal interests under Kentucky law" in protecting Kentucky's waterways, and that having to deal with citizens would be an "unwarranted burden."

Fortunately, Judge Phillip Shepherd has a different view of the public. He has ordered the cabinet to accept public comment on the proposed consent judgments because of the broad implications of the case.

Take Action

Option 1

Write your own letter to Judge Shepherd stating why clean water is important to you or your livelihood, especially if you live in an area affected by mining or by ICG or Frasure Creek mines. If you have experience trying to get state officials to enforce water quality laws, it is important to tell that story. We need to let Judge Shepherd know that the state does not do an adequate job protecting the public – as evidenced by the proposed consent judgments – and therefore citizen intervention is needed.

Follow this link to a set of talking points that you can draw from for your letter. Submit your letter by email to: [email protected]. We'd appreciate it if you'd copy KFTC at: [email protected]. We'll make sure your letter shows up in the official court record.

Option 2

P.S. Come to the next hearing before Judge Shepherd on Thursday, January 27 at 1:30 p.m. in Frankfort. It will take place at the temporary Franklin Circuit Courthouse with easy access off I-64. See map.