Judge Rules in Favor of State's Authority to Protect Wilson Creek

This was another victory for Wilson Creek residents who, in an earlier effort, were successful in winning the protections for their community.

"I was very pleased the judge listened to citizens and actually mentioned common sense as supporting our fears about coal trucks on our one lane road and flooding if the forest was destroyed," said Bev May.  "This gives me hope that justice is still possible in Kentucky.  This shows that people working together can protect their communities."

Miller Brothers Coal had brought a lawsuit against the state of Kentucky, KFTC and May individually because the state Division of Mine Permits placed certain requirements on any coal company that wanted to mine on Wilson Creek. This came in response to a petition from local residents to have much of their watershed declared "unsuitable for mining." The state did not grant that petition but issued these requirements:

1. that any mined land needed to be returned to it's approximate original contour,
2. the land needed to be reforested to prevent flooding,
3. the coal company could not haul coal on the one-lane road on Wilson Creek, and
4. sediment ponds needed to be placed under old deep mine entrances in case of blow-outs.

Even though these were very reasonable conditions and reflected existing law, Miller Brothers filed a lawsuit, arguing on one hand the state only has the authority to rule either in favor or against a Lands Unsuitable for Mining petition, and on the other hand there was not enough evidence to support the need for the added restrictions to mining in Wilson Creek.

In the decision Judge Wingate agreed with the state "the court finds that there was substantial evidence to support the Secretary's determination that flooding could occur."

Judge Wingate went on to find that the restrictions placed on any future mining on Wilson Creek are no more strict than what is contained in the federal Surface Mining Control and Reclamation Act and therefore does not exceed the state law that prevents Kentucky mining regulations from being any more strict than federal surface mining laws.

This was a big victory for the people of Wilson Creek and for all the people who stood tall with the people on Wilson Creek.

You can read Judge Wingate's ruling here.

You can also read blog entry by the Appalachian Citizens Law Center, that argued this case on behalf of Bev May and KFTC here.