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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. Thank you. 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. |
Many activities require a "certification" from the state under the Clean Water Act that the proposed activity will not violate the state's water quality standards. The Clean Water Act requires that the state give the public notice of applications for water quality certification, yet for years Kentucky has not done so. The state has proposed regulations to require public notice, and KRC submitted comments suggesting improvements in the proposed rules. To read KRC's comments, click the headline. On March 14, the District of Columbia Court of Appeals denied the National Mining Association's Petitions for Rehearing and Rehearing En Banc of a January 15, 2008 decision, in which a unanimous three-judge panel of the Court had rejected the National Mining Association challenge to a 1999 federal rule that narrowly defined the "valid existing rights" exemption to protections against mining on public lands and near homes, churches and cemeteries. The 1999 rule required that a person seeking to mine within protected areas demonstrate that they had made a "good faith effort" to obtain all needed permits when the area became protected. The NMA had sought a broader interpretation that would allow mining in protected areas without such a demonstration. KRC defended the OSM rule along with the Department of Justice, and was ably represented by Walt Morris. The denial of rehearing means that the decision will become final unless the U.S. Supreme Court grants a discretionary review. Click the headline to read KRC's letter in support of the GA version of HB 233, which has been amended to assure that plastic containers with barrier layers will not adversely affect existing recycling markets, The bill passed the Senate March 13 and will become law. After several sessions languishing in the Natural Resources and Environment Committee without being heard, the "streamsaver bill," which would require improved management of soil and rock removed during surface coal extraction, received a hearing in two meetings of the House Appropriations and Revenue Committee. The March 4 meeting, available on line here , provided two expert witnesses discussing the values of headwater streams and the impact of dumping of mine "spoil" in those headwaters, as well as an explanation of the bill by its author, KRC's Director. The March 5 meeting included testimony from coal industry representatives and from KFTC members, and is on line here . The bill failed to pass out of committee. KRC joins with the Environmental and Public Protection Cabinet community in mourning the passing and celebrating the lives of service of Keith Blair and Alec Mackenzie. They were, each in their way, faithful stewards of Kentucky's environment, who left us much too soon. In their honor, and in the memory of their dedicated years of selfless service to the Commonwealth and its people, we rededicate ourselves to the unfinished task of restoring justice and reason to environmental policy. SB 69, sponsored by Senator Ernie Harris, would cut by 21% the contributions of hazardous waste generators to the state hazardous waste management fund, weakening the state's ability to respond to emergency releases and spills of hazardous substances. To read KRC's letter, click the headline. A House Committee Substitute to HB 233 will be offered this week that allows the Cabient to approve coding of plastic containers based on the predominant resin provided that the manufacturer demonstrates that the container meets testing protocols to demonstrate that it will not adversely affect plastics recyclers. This approach will, if adopted, resolve an impasse that has spanned several legislative sessions concerning the coding of plastic containers with barrier layers. To read KRC's letter on the substitute, click the headline. KRC has asked that the House Natural Resources and Environment Committee reject HB 233, due to concerns that miscoding barrier bottles as a "1" implies that they contain only PET resin and could damage recycling efforts in the Commonwealth. To read the letter click the headline. On January 25, 2008, Jefferson Circuit Judge Kathleen Voor Montano issued an 18-page opinion in the case of Irish Hill Neighborhood Association et al v. MSD et al., an appeal filed by the Irish Hill Neighborhood Association and Lisa Dettlinger of the grant of a variance by the MSD Floodplain Board allowing relocation of Beargrass Creek in order to facilitate a new commercial development on the River Metals property in the Irish Hill Neighborhood. To read more, click the headline. In a January 15, 2008 decision, a unanimous three-judge panel of the Court of Appeals for the District of Columbia rejected the National Mining Association challenge to a 1999 federal rule that narrowly defined the "valid existing rights" exemption to protections against mining on public lands and near homes, churches and cemeteries. The 1999 rule required that a person seeking to mine within protected areas demonstrate that they had made a "good faith effort" to obtain all needed permits when the area became protected. The NMA had sought a more liberal standard that would allow mining in protected areas without such a demonstration. KRC defended the OSM rule along with the Department of Justice, and was ably represented by Walt Morris. The redevelopment of the former Bashford Manor Mall property continues with the approval of a development plan for Burlington Coat Factory. The plan included an outdoor amenity area, safe pedestrian access and delivery restrictions sought by Bashford Manor Area Association, which is represented by KRC. Click the headline for a review of prefiled environmental, conservation, consumer and general government bills of interest that will be introduced when the 2008 Session convenes in January. 3 days of hearing before the Public Service Commission on Kentucky-American Water Company's plans for a new water treatment plant and pipeline concluded on November 28, and the parties will file briefs on December 28. To watch the video podcast of the hearing, go to http://psc.ky.gov/agencies/psc/webcast/AV_Index.htm. The Case No. is 2007-00134. In memory of long-time environmental and community activist Stu Butler, his children have asked that Lexington's Division of Parks and Recreation name the new Nature Center at Raven Run Nature Preserve after Stu, who volunteered many hours over the years at Raven Run. Please email or write Parks and Recreation Director Jerry Hancock at 469 Parkway Drive, Lexington Ky. 40504 or jhancock@lfucg.com and support the naming of the new Nature Center after one of Kentucky's environmental heroes, the late Stu Butler. Click the headline to read the outline of a Continuing Legal Education seminar on Environmental Justice, presented at the Louisville Bar Center on November 13, 2007 by KRC's Director. Click the headline to read the outline of an October 18 presentation by KRC Director Tom FitzGerald before the 32nd Mineral Law Conference. In comments presented by KRC member Roy Silver at a public hearing in Hazard, KRC opposes a federal mining rule change that would weaken protections of headwater streams from coal waste dams and valley fills. To read KRC's preliminary comments, click the headline. Click the headline to read a summary of KRC's assessment of the proposed Class Action Settlement in the pending case of Cochran et al. v. ZEON G.P. LLC, et al. KRC anticipates participating on behalf of residents within the "class area" or as amicus, in opposing the settlement at a November 5 Fairness Hearing that has been scheduled by U.S. District Judge Heyburn. The August 25 Kentucky Post carried an abridged version of KRC's testimony to the General Assembly on energy policy and incentives for coal conversion. To read the article, click here Click the caption to read KRC's August 17, 2007 testimony before the Special Subcommittee On Energy regarding funding needs for carbon capture and management. |
As it has each legislative session since 1984, KRC has engaged in legislative advocacy before the General Assembly, to protect existing laws and regulations from efforts to weaken environmental protection or to abridge public access to the process of governance, and to assist in enactment of positive legislation on energy and the environment. Click the headline to read the wrap-up of KRC’s advocacy work during the 2008 Regular Session. With 2 legislative days remaining, the billboard industry lobbyists are frantically working to attach the perennial "cut public trees for billboard visibility" bill to a Senate bill in order to force a House floor vote. The industry introduced their bill in the House this year, but failed to get a committee vote on the measure. KRC appreciates the leadership of Speaker Richards and Representatives Hoffman and Adkins, and also appreciated Senator Guthrie's refusal to endanger two house bills with the amendment. KRC continues to work in opposition to the bill, since although the two remaining legislative days on April 14 and 15 are "veto" days, the rules could still be suspended and the billboard amendment could be attached to another bill. Senator Boswell has filed Senate Floor Amendment 1 to House Bill 192, to allow cutting of public right-of-way trees to assure billboard visibility. In a letter to the Senate, KRC asks that the amendment be rejected. All of us at KRC were saddened to hear that our friend and client Sheryl Bolling has died. Sheryl, who lived in Letcher County, had the soul of a poet, and in her honor and memory, we share a few of her insights. KRC and the Citizens Coal Council have filed for review by the District of Columbia District Court of a final rule published by the federal Office of Surface Mining that weakens the permit block sanction that has been used effectively in the past to prevent scofflaw mine owners and controllers from avoiding responsibility for violations of the federal surface mining laws. To read the text of the petition for review, filed on behalf of KRC and CCC by Jim Dougherty, click the headline. Click the headline to read "Mountain Tops" by Nana Lampton Click the headline to read KRC's letter to the Senate Agriculture and Natural Resources Committee opposing SB 156. The bill passed the committee and is awaiting action in the full Senate. Click here to hear WEKU's news story concerning the proposed lifting of Kentucky's ban on nuclear plants. In a letter sent to House Leaders Jody Richards, Rocky Adkins, and Charlie Hoffman, KRC has requested that leadership oppose this year's iteration of a perennial bill that would allow billboard companies to destroy public trees in rights of way in order to assure that billboards (even those that are nonconforming) can be seen by the motoring public. Click the headline to read the letter. Click the headline to read the text of the keynote speech given by KRC Director Tom FitzGerald at the Sierra Club's 2008 Activist Weekend To read KRC's letter to the Metro Louisville Air Pollution District Board, click the headline. The Division of Mine Permits approved an underground coal mining permit for Harlan Reclamation Services with conditions requiring that the Darby seam reservoir from which the City of Lynch draws its drinking water, and the two streams that are water sources for the reservoir, be protected from mine-related subsidence. The mine plan approved does not allow undermining of the reservoir. KRC had assisted the City in opposing an earlier mine plan that would have undermined the water supply. As part of the December 5th issue of the Louisville Eccenrtic Observer, LEO staff writer Stephen George interviewed KRC Director Tom FitzGerald about a wide range of issues affecting climate policy and coal. A part of that interview was printed. To read the full interview, go to http://leoweekly.com/?q=node/5974 KRC's Director gave the keynote address to the Fall 2007 Graduating Class of the Neighborhood Institute. Click the headline to read the text. After 13 months of multiparty negotiations, an Agreed Order has been signed resolving challenges to the wastewater discharge permit for the Paducah Gaseous Diffusion Plant. The Draft Permit to be issued as a result of the Agreed Order is an improvement over the permit as issued in 2006 and is another small step towards holding DOE accountable in the remediation of land areas and waters contaminated by decades of inadequate management of hazardous and mixed wastes at the facility. To read more about the Agreed Order, click the headline. At the request of Rep. Tanya Pullin, KRC presented testimony on December 4 before a Kentucky legislative committee concerning areas in which improvements could be made in the new program for remediating meth lab-related contamination from residential properties. To read the testimony, click the headline. On behalf of neighbors in Louisville's Belknap Neighborhood, additional conditions were negotiated by KRC into the construction approval of the Siena II Dorm at Bellarmine University. To read the conditions, click the headline. KRC has submitted comments opposing the removal of Kentucky's narrative air toxics regulation, 401 KAR 63:020, from the approved Clean Air Act State Implementation Plan for Kentucky. To read the letter, click the headline. Click the headline to read the text of KRC's November 16 presentation at the 2nd Annual Kentucky Energy Efficiency Conference. At the Stuart Butler Memorial Dinner on November 16, 2007, Fitz received Kentucky Heartwood’s Second Annual Stu Butler Memorial Award. Stu was a founding member of Kentucky Heartwood and served on the Board until his death. The Stu Butler Memorial Award keeps Stu’s legacy alive by honoring individuals who follow in his footsteps. Click the headline to read Fitz's remarks on receiving the award. |
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