Kentucky state legislature had a new take on nullification. Only days after celebrated author Wendell Berry and 13 other Kentuckians, including a retired coal miner and inspector, occupied Gov. Steve Beshear's office in a protest over the state's 40-year crisis of mountaintop removal mining, the Kentucky state legislature attempted to officially establish a "sanctuary state" for the coal industry that would be exempt from "the overreaching regulatory power.” This sanctuary for coal companies would reportedly cost the state of Kentucky an additional $115 million each year in state funds for maintenance and health damages.
"My friends, we Kentuckians are in a very sick family," responded Harlan County-raised author George Ella Lyons in the Lexington Herald-Leader. "Our government is owned by big corporations and the result is obscene. Sanctuary -- sacred protected space -- is declared for those who are abusing the basis of our survival. How long do you think we can live without clean water and air?"
Smith's resolution would declare Kentucky a "sanctuary state" in regard to EPA regulation. Gooch's bill would exempt from Clean Water Act regulations mining operations involving coal that never leaves the state.
Since coal mining in Kentucky impacts rivers flowing into other states, thus making mining operations subject to regulation under the interstate commerce clause of the U.S. Constitution, neither measure would accomplish a single thing other than letting its sponsor preen and posture in public while wasting other lawmakers' time.
Wasting lawmakers' time, perhaps. But Kentucky state officials were already on overtime in their attempt to divert attention from a stunning circuit court judgment last week that granted citizens participation in the state's gross mishandling of indisputable acts of Clean Water Act violations by two coal companies in eastern Kentucky.
Last fall, clean water advocates from the Kentuckians for the Commonwealth and Appalachian Voices, among others, filed an intent to sue notice against Kentucky subsidiaries of International Coal Group and Frasure Creek Mining for "over 20,000 incidences of these three companies either exceeding permit pollution limits, failing to submit reports, or falsifying the required monitoring data. These violations could result in fines that may exceed 740 million dollars." Embarrassed Kentucky state officials rushed to slap a small fine -- less than 1 percent of the possible fine -- and limited "corrective actions" on the two companies' admittedly blatant violations, and sought to kick off the citizens groups in the suit as "unwarranted burdens."
Judge Phillip Shepherds summed up the key reasons for granting the intervention in his order, stating, "The Cabinet, by its own admission, has ignored these admitted violations for years. The citizens who brought these violations to light through their own efforts have the legal right to be heard when the Cabinet seeks judicial approval of a resolution of the environmental violations that were exposed through the efforts of these citizens. In these circumstances, it would be an abuse of discretion to deny those citizens and environmental groups the right to participate in this action, and to test whether the proposed consent decree is "fair, adequate, and reasonable, as well as consistent with the public interest."
The state's response? Kentucky is now appealing the ruling. Once unwarranted burdens, in essence, always unwarranted burdens to the state. Kentucky residents, meanwhile, are appealing for Gov. Beshear to spend a little more time in their region and keep his promise to the sit-in activists and simply visit affected residents in the mountaintop removal areas.
"Every time I'm at a particular place in Harlan County, Kentucky, in Appalachia, I go look at the junction of two creeks there," said Appalachian scholar Chad Berry from Berea, who participated in the sit-in. "One comes off a large mountain that is protected and is clear and looks to be drinkable. The other comes off a surface mining site and often looks like coffee with too much cream in it. Where they join is always interesting tangible proof of the toll surface mining is having on the Appalachian region's watersheds."
When the NRDC released a study last year that found that over 293 mountains and nearly 600,000 acres of hardwood forests had been destroyed by mountaintop removal, with reclamation efforts resulting in less than 4 percent of any follow-up economic productivity, fellow sit-in protest Mickey McCoy, from Inez, Kentucky, noted: "This research shows what a sacrificial lamb Kentucky has been for an industry that is not interested in any kind of restoration. Here in Martin County, more than 25 percent of the land has been leveled by coal companies yet we are among the poorest of counties not just in Kentucky, but the entire country."
Gramma Cutler
No comments:
Post a Comment