Len Peters allows destructive mining to resume
FOR IMMEDIATE RELEASE: October 14, 2010
CONTACT
Ted Withrow, Kentuckians For The Commonwealth: 606-784-6885
Lauren McGrath, Sierra Club: 859-309-0214 / 202-731-4373
KENTUCKY ENERGY CABINET SECRETARY LEN PETERS OVERTURNS JUDGE’S ORDER, ALLOWS DESTRUCTIVE MINING TO PROCEED
Even though there is compelling evidence that damage to Kentucky waters will occur, today Len Peters, secretary of the Kentucky Energy and Environment Cabinet, reversed a recent order from an administrative law judge that had temporarily halted mining operations at a surface coal mine in eastern Kentucky while a challenge to the substance of the mining permit was ongoing. The Secretary’s order will allow destructive mining operations to resume immediately, even though the legal challenge to the permit continues.
On September 30, Administrative Law Judge Steve Blanton ordered an immediate stop to environmental destruction currently under way at a 791-acre Cambrian Coal Corporation surface mine near Elkhorn Creek in Pike County. In his order, Judge Blanton found that the groups challenging the surface mining permit – the Sierra Club and Kentuckians For The Commonwealth – were likely to prevail on the merits of their challenge, particularly those relating to the failure of the permit to account for the mine’s discharge of pollutants into Elkhorn Creek and other streams during mining operations.
In reaching his decision, Judge Blanton stated that the deficiencies in the permit were “extremely environmentally troubling because the watersheds receiving the discharges here are already impaired waters and pollutants from surface coal mining operations in the impact area are the cause of that impairment.”
Despite these and other extensive findings in Judge Blanton’s 96-page order, Secretary Peters overturned the judge’s decision in an order that is only six pages long and that fails to address the substance of Judge Blanton’s findings.
“Secretary Peters’ decision to vacate Judge Blanton’s order is outrageous and is a perfect example of how the Energy and Environment Cabinet is more interested in protecting the coal industry than protecting people and our communities,” said Ted Withrow retired Kentucky Division of Water Basin Coordinator for the Big Sandy River and member of Kentuckians For The Commonwealth. “The Secretary’s decision ignores the compelling evidence and legal reasoning carefully laid out in Judge Blanton’s exhaustive order.”
The area in question is also a major destination for paddlers.
“If the state of Kentucky had the political will to uphold the laws designed to protect our local waterways, this area would have a shot at being prime spot for economic development for paddling and other water sports,” said Bill Pierskalla, an avid paddler and member of the Sierra Club. “Elkhorn City already draws hundreds of paddlers and recreationists on a yearly basis. There’s a lot of untapped potential, but one thing is clear - clean water is a critical to leveraging economic development in the area”.
The groups are represented by attorney Mary Cromer with Appalachian Citizens’ Law Center.
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