August 26, 2003
To: KRC Members
From: Tom FitzGerald
Here at the Council, we take your e-mail privacy seriously. We attempt to avoid spreading any computer viruses, and never send or forward frivolous messages.
Due to the recent concerns with virus attachments, KRC will NOT send any attached e-mails to our general mailing list. Instead, as issues or work of interest is generated by KRC, we will send you a message noting that the work has been posted (here) to our website, www.kyrc.org.
If you receive any message from KRC that claims to have an attachment, or includes a questionable "subject," PLEASE let us know immediately in order that we may take steps to correct the problem.
Tom FitzGerald KRC
There is an organization in Frankfort that will take old computers, as long as they are Pentium or above, and old printers and monitors. They will fix them, and in turn donate the equipment to needy families. The name of the organization is the Salvation Student Technology Center, 119 West Main Street, Frankfort, KY 40601. The phone number is 502/226-6062.
Cartridges that contain ink for inkjet printers and toner for laser printers and copying machines are being accepted in Jefferson County at:
# 595 Hubbards Lane.
# 3520 Newburg Road.
# 7219 Dixie Highway (beind the Southwest Government Center).
# 9300 Whipps Mill Road (behind police station).
# 7201 Outer Loop (behind the Central Government Center).
# 10620 W. Manslick Road (behind the police station).
The Salvation Army of Frankfort will also take some type of gear.
KRC has moved. Our new street address is: 213 St. Clair St. Suite 200. Court Square, Frankfort, 40601. Our mailing address is still the same P. O. Box 1070, 40602.
Click the headline to read KRC's comments on the proposed regulations implementing the 2012 Brownfields Redevelopment statute, KRS 224.1-415.
The Bluegrass Pipeline Partners have begun soliciting easements from landowners along the route of the proposed natural gas liquids pipeline. With the assistance of Terry Geoghagen, Commonwealth Attorney for Nelson, Hart, and Larue Counties, KRC has prepared a handout with some concerns that a landowner may want to address in negotiating an easement agreement. Click the headline to read more.
Click the headline to read the written comments submitted by the Council to the Interim Joint Committee on Natural Resources and the Environment concerning the proposd "Bluegrass" Natural Gas Liquids Pipeline
Landowners, and local and state officials, have questioned whether the proposed Bluegrass Pipeline Project proponents have the power of "eminent domain." Click the headline to read a primer on Eminent Domain and on why we believe that the proposed pipeline would not have the right, under Kentucky law, to condemn properties in order to gain easements for the proposed pipeline.
When Winola Mimms of Madisonville asked to see the file regarding a cellphone tower that was proposd for the property next door, she was denied access to the file by the local planning commission, because all of the information regarding the proposed cell tower was required by state law to be held in secrecy, except the location of the tower. If the tower were proposed in another county without planning and zoning, she would have access to the entire application. On her behalf, KRC has filed an appeal challenging the constitutionality of the state law as a denial of her constitutional rights to due process and equal protection, and challenging the law as prohibited "special" legislation. Click the headline to read the opening brief.
KRC is working with landowners, the Kentucky Waterways Alliance, and KFTC, to assure that landowners and communities are properly informed regarding a natural gas liquids pipeline proposed by a Joint Venture of Williams Company and Boardwalk Partners, called the "Bluegrass Pipeline" Project. Click the headline to read more about the project, and about natural gas liquids. This background memo will be updated periodically as new information is obtained.
Click the headline to read more about the bills and resolutions that KRC supported, opposed, and tracked during the 2013 Kentucky General Assembly Regular Session. The Session adjourned on March 26, and unless called inrto Special Session, will reconvene in January, 2014.
Click the headline to read more about the bills and resolutions that KRC is supporting, opposing, and tracking during the 2013 Kentucky General Assembly Regular Session, complete through March 13. The next edition will be published on March 27, the day after the General Assembly is scheduled to adjourn sine die (a latin term meaning "without day," denoting the final adjournment of a legislative session).
Click the headline to read more about the bills and resolutions that KRC is supporting, opposing, and tracking during the 2013 Kentucky General Assembly Regular Session, complete through March 8. The next edition will be published on March 13, after the General Assembly recesses for the "veto days." With four legislative days remaining, we have removed the bills and resolutions that have not moved from the initial committee to which they were assigned.
Click the headline to read more about the bills and resolutions that KRC is supporting, opposing, and tracking during the 2013 Kentucky General Assembly Regular Session, complete through March 1.
Click the headline to read more about the bills and resolutions that KRC is supporting, opposing, and tracking during the 2013 Kentucky General Assembly Regular Session, complete through February 22.
Click the headline to read KRC's comments on the draft permti renewal to the former Arkema Carrollton facility.
Senate Bill 53 attempts to take management control over the Blackacre Nature Preserve from the state Nature Preserves Commission, and give it to the nonprofit Blackacre Conservancy. Click the headline to read KRC's letter to the Committee members in opposition to the bill, which was heard in Committee and then tabled.
Senate Bill 88, drafted by AT&T, passed the Senate on a vote of 24-13 and is now in the Kentucky House of Representatives. At issue is whether AT&T, Windstream, and Cincinnati Bell must continue to offer basic home phone service on a stand-alone basis, the reliability of which is subject to regulation by the Public Service Commission. Click the headline to learn more.
Click the headline to read more about the bills and resolutions that KRC is supporting, opposing, and tracking during the 2013 Kentucky General Assembly Regular Session, complete through February 8.
Two related cases pending on motions for discretionary review before the Kentucky Supreme Court could determine whether they do. To read more, click the headline.
The Board of Directors of KRC has unanimously endorsed the Biomass Campaign Platform developed by Dogwood Alliance and NRDC, which calls for a moratorium on "whole tree" utility-scale bioenergy projects. To read the Platform, click the headline.
Click the headline to read more about the bills and resolutions that KRC is supporting, opposing, and tracking during the 2013 Kentucky General Assembly Regular Session. The next edition will be published on February 8, since the General Assembly has adjourned on January 11 until February 5.
Though the Council does not charge for the advice, representation, and advocacy we offer on behalf of individuals, groups, and communities, we have been rewarded many times over by the kind words and support of those who we have worked with to improve environmental health, quality, and justice over these many years. We share with you some of their reflections on KRC and its work.
Click the headline to read about the prefiled bills and resolutions that KRC will be tracking during the upcoming General Assembly Regular Session, which begins January 8, 2013.
A lawsuit filed December 5, 2013 in Franklin Circuit Court by Kentuckiams United To Restrain Eminent Domain, Inc., seeks a declaration by the Court that the Bluegrass Pipeline Company LLC does not have authority under Kentucky law to condemn lands in order to locate a 24-inch pressurized natural gas liquids pipeline. Click the headline to read the text of the complaint. KURE is being represented by the Kentucky Resources Council.
We at the Kentucky Resources Council join with many across the Commonwealth and nation in mourning the passing and celebrating the life and many accomplishments of David Short, who died on December 3, 2013 at age 75. David exemplified selfless service to others and to justice throughout his years with the then-newly formed federal Office of Surface Mining, APPALRed, the Attorney General's office, and at Chase and UK Law School. His legacy will endure as an example to us all of a life well-lived. Tere and the extended family are in our prayers and thoughts at this most difficult time, and in his honor and memory, we rededicate ourselves to striving for justice in all of its myriad facets.
Click the headline to read the text of KRC's presentation to the 2013 Pipeline Safety Trust annual conference
One question that has been asked by a number of local governmental officials in Kentucky counties where a hazardous liquids pipeline intended to transport natural gas liquids from the Marcellus and Utica shale formations to the Gulf has been proposed, is the extent to which local governments may, pursuant to their planning and zoning powers under KRS Chapter 100, regulate the location of such pipelines in order to assure compatibility of that land use with other uses of land. KRC has drafted a briefing paper in an effort to answer that question. Click the headline to read the paper.
Click the headline to read the written remarks of KRC's Director prepared for the 2013 Kentucky Agricultural Council Summit.
Click the headline to read the text of "A Conversation On The Future Of the Electric Utility Industry," presented at the LG&E/KU Environmental Summit on October 18, 2013.
In 2010, a Petition was filed with the Kentucky Energy and Environment Cabinet, seeking to designate lands in the Looney Creek watershed of Harlan County (the source of the drinking water supplies of Lynch and Benham) as unsuitable for mining. The petition was rejected by the Cabinet, and that decision was appealed and is pending before the Office of Administrative Hearings. After lengthy negotiations failed to produce an agreement satisfactory to all parties, briefing has begun on the appeal. Click the headline to read the opening memorandum challenging the Cabinet's rejection of the petition.
Bill Request (BR) 129, sponsored by Kentucky State Senator Jimmy Higdon, and the companion BR 198, filed by State Representative David Floyd, would amend KRS 278.502 to clarify that the power of eminent domain (condemnation) for pipelines applied only to utilities regulated by the Kentucky Public Service Commission, and not to projects such as the Bluegrass NGL Pipeline. You can contact your state Senator and Representative with your views on the proposed legislation at www.lrc.ky.gov/legislators.htm or by calling them at 502-564-8100 (not a toll-free call).
The Federal Energy Regulatory Commission (FERC) has been asked to allow "abandonment in place" of an existing natural gas pipeline that runs south from Hardinsburg, Kentucky to Louisiana, in order to allow Boardwalk Pipeline Partners LP to "repurpose" the existing line in order to transport natural gas liquids from Pennsylvania, West Virginia, and Ohio, to the Gulf Coast as part of the "Bluegrass Pipeline" project. FERC solicited public comment on the scope of a proposed Environmental Assessment of the abandonment, and in response, KRC filed comments calling for FERC and the U.S. Amry Corps of Engineers to conduct a full Enviornmental Impact Statement on the entire pipeline project, which includes over 600 miles of new pipeline that will tie into the Hardinsburg Texas Gas line. Click the headline to read KRC's comments.
The route of the proposed "Bluegrass" natural gas liquids pipeline would traverse a number of counties with karst geology. Click the headline to read a brief paper written by Dr. Ralph Ewers, a Karst Hydrogeologist, regarding the unique challenges posed by the proposed pipeline routing.
Rep. John Tilley has prefiled a bill for consideration in the 2014 General Assembly session, which would broaden access to the power of condemnation to pipeline projects such as that proposed by Williams Co. and Boardwalk (the "Bluegrass Pipeline" project). Under current Kentucky law, all pipelines carrying oil and gas for public consumption are already considered to be "in public use" and all companies do doing are already considered to be "common carriers." KRS 278.470. Current law limits the power of condemnation to pipeline companies "in public service" to Kentuckians, and the elimination of "in public service" broadens, rather than restricts, access to condemnation powers by interstate natural gas liquids pipelines that are not intended to serve Kentuckians. The bill would allow the Public Service Commission to grant that power to a non-utility pipeline company if the PSC determines the grant of that power is "in the public interest," yet would not allow the Commission to deny the right to construct the pipeline even if the project was found not to be in "the public interest." Click the headline to read KRC's concerns with the bill.
On behalf of David and Ronda Carver, KRC has appealed the issuance of a limestone mining permit to conduct open pit quarrying near Drakes Creek in Franklin, Kentucky. The area has significant karst features, and is near both residences and a public park. Click the headline to read the text of the appeal.
We at the Council join with the families of Charles Ritchie, and of Laurel True, in mourning their passing and celebrating their lives. Charles was an engineer with the Division of Waste Management for many years, and in his retirement helped the Council monitor the implementation of solid waste programs in the Commonwealth. Laurel, also a Council member, was a long-time advocate for public health and elders, and KRC had the privilege of working with him during his tenure with AARP. The Commonwealth was well-served by the dedication of both of these individuals to public service, and our prayers are with their families.
In a letter addressed to the Department for Planning and Design Services, MSD, and the Louisville Water Company, KRC is seeking assurances that those companies will submit proposed facility plans for "Community Facility Review" by the Planning Commission, as required by state law. Click the headline to read the letter.
On August 1, the Marion County Fiscal Court adopted a resolution expressing opposition to the proposed "Bluegrass" Natural Gas Liquids Pipeline. Click the headline to read the resolution text, drafted by KRC for consideration by the affected communities.
The Board and staff of the Kentucky Resources Council join with family and friends in mourning the passing and celebrating the life of Alex Talbott, who died on July 1, 2013. Alex, a well-respected attorney who practiced in the Louisville area, owned land in the Red River Gorge during the 1970’s, when the Gorge area was threatened with inundation from a proposed dam on the Red River. Alex worked with Oscar Geralds and Dean Rivkin, and with other landowners in the area, to successfully defeat the Red River Dam proposal. Tim Murphy, a young activist at the time, remembers Alex during those days. “Alex always showed up clean-shaven and had a big grin on his face,” Tim recalled. “He was always willing to chip in and help, but he especially enjoyed the intense and prolonged discussions of the attorneys, the students and the activists. He never got angry.” Alex later served on the board of the Kentucky Rivers Coalition (KRC), which was formed in the wake of the successful fight to stop dam construction on the Red River. KRC, which became the Kentucky Resources Council in the 1980's, helped people across Kentucky fight against dams that would flood communities and farms. For many years, Alex continued pitching in, donating money and time and serving as an important liaison between KRC and the Louisville area. Tim, a cofounder of KRC, says, “Alex remained loyal to the concept on which KRC was founded; wherever our activism would carry us, he would go. He was a loyal supporter. Just a terrific guy.” Pam Wood, who worked for KRC and later became a Division of Water employee, recalled that "when I ran into Alex decades later, he was still grinning and active. I was coordinating a large group that was educating itself about the challenges of land use and waterway protection in the Floyds Fork watershed, and Alex was at the table, still paying attention and interested in the active discussions." In Alex’s memory and honor, we rededicate ourselves to the unfinished tasks of protecting our natural resources, and furthering environmental justice.
Click the headline for more information on granting or rescinding permission to survey regarding the Bluegrass Pipeline project.
Click the headline to read more about the lack of proper regulation of Natural Gas Liquids Pipeline siting, and why the Governor should add the issue to the call for the August 19 Special Session of the Kentucky General Assembly
In comments provided at the invitation of the Nelson County Fiscal Court, KRC expressed concerns with the lack of coordinated and comprehensive public safety and environmental review of the routing of a proposed Natural Gas Liquids Pipeline through Kentucky, and called on the Williams Company to agree to develop a full Environmental Impact Statement. To read the Council's presentation to the Fiscal Court, click the headline.
In a joint letter transmitted on June 24 to Acting Region IV EPA Administrator Meiburg, KRC joined with several state, regional, and national organizations in requesting that the 11th-hour changes made to Kentucky's water quality standards for selenium, be rejected by EPA as not satisfying the public participation requirements for changes to state water quality standards. Click the headline to read more.
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