Environmental groups are going to court to argue that Kentucky and West Virginia are doing a poor job of enforcing federal clean water rules.
Kentuckians for the Commonwealth, the Sierra Club, and others say the states haven’t done enough to control pollution from surface coal mines, causing damage to nearby streams and rivers.
The groups behind the federal lawsuits say they asked the Environmental Protection Agency years ago to rescind Kentucky and West Virginia’s authority over surface coal mine discharges. But the plaintiffs say the EPA never responded to that request.
The Herald-Leader reports the lawsuits are designed to compel the federal agency to act. The suits claim Kentucky doesn’t have enough employees to adequately monitor surface mine pollution, failed to set appropriate limits on pollutants, and issued mining permits under rules that included less scrutiny of applicants.
A spokesman for the Kentucky Energy and Environment Cabinet says his group believes they have been implementing all programs in accordance with state and federal regulations.
The man who will help lead Kentucky’s effort to meet new air pollution standards says his office will stay above the political battle surrounding the issue.
Kentucky’s assistant secretary for climate policy, John Lyons, faces the unenviable task of combing through 1,400 pages of material that spell out the new federal carbon emissions rules announced this week by the Environmental Protection Agency. The regulations have been denounced this week by both of Kentucky’s U.S. Senate candidates as well as business leaders who predict doom for the state’s coal industry and overall economy.
Lyons, whose office is part of Kentucky’s Energy and Environment Cabinet, told WKU Public Radio that new federal air quality rules have been impacting the state’s energy policies for several years.
“This is the only latest in a string of environmental regulations that we have to evaluate. Of course, the politics play into that, and those things are what they are. But this Cabinet has to assess those rule-makings, and how best to adopt them—or challenge them in some cases, which is not unprecedented. We’ve challenged rules before, and likely will again at some point.”
While the new EPA standards call for a 30 percent reduction in the nation’s carbon emissions by 2030, Kentucky’s specific goal is a cut of 18.3 percent.
A new report on U.S. power plant emissions says Kentucky has the highest rate of carbon dioxide emissions in the nation.
The report was produced by environmental advocacy groups, energy companies, and Bank of America.
Kentucky topped the ranking of states emitting the most carbon dioxide per megawatt-hour of power produced, followed by Wyoming, West Virginia, and Indiana. Tennessee ranked 26th.
Dan Bakal is Director of Electric Power at CERES, one of the environmental groups that prepared the report. He says states like Kentucky can follow the example of Ohio, which has decreased its carbon emissions in recent years.
“They have really made a move to diversity their energy mix by shifting away from coal, increasing natural gas, increasing renewable energy, and also investing in energy efficiency in a very cost-effective way,” Bakal said.
Supporters of the coal industry—including Kentucky U.S Senator Mitch McConnell—say increased federal regulation is costing jobs and hurting local economies in places like eastern Kentucky.
The U.S. Supreme Court is upholding the authority of the Environmental Protection Agency to regulate coal pollution that crosses state lines.
Tuesday’s 6-2 decision is being called a major victory for the Obama administration’s environmental agenda, and will likely have a major impact on coal-fired power plants in Kentucky and other states.
The White House has put forth a set of new Clean Air Act regulations aimed at cutting pollution coming from coal-fired power plants. Coal industry advocates and many Republican lawmakers—including Kentucky Senator Mitch McConnell—have sharply criticized those regulations, describing them as government overreach and a “war on coal.”
The EPA is expected to unveil new climate control regulations in June to cut down on carbon pollution from coal plants. Kentucky gets an estimated 90 percent of its electricity from coal-fired plants, such as the Paradise Fossil Plant in Muhlenberg County.
Many power suppliers have been anticipating increased scrutiny of coal pollution, and have been implemented changes at their plants to make their coal-fired operations more environmentally-friendly.
Tennessee Valley Authority spokesman Scott Brooks told WKU Public Radio that Tuesday's Supreme Court decision has "no impact" on the utility's plans for the Paradise plant.