Water Quality

Despite publicly stating the opposite, state Energy and Environmental Cabinet officials could present no evidence that they have initiated any enforcement actions against Frasure Creek mining for repeated violations of the Clean Water Act.

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.