environment

A lawsuit that sought to have the federal government respond to requests for them to take over Kentucky’s water pollution program has been dismissed, but the plaintiffs plan to re-file the suit in the Court of Appeals.

Five years ago, environmental groups Kentuckians for the Commonwealth and the Sierra Club petitioned the Environmental Protection Agency, asking federal regulators to take over Kentucky’s water pollution program because of alleged routine mismanagement and lack of enforcement in the commonwealth. The EPA delegates Kentucky regulators the authority to run the National Pollutant Discharge Elimination System program in the state, but the environmental groups claimed state regulators weren’t enforcing the Clean Water Act. The EPA never responded to the petition, so in January, the groups sued the agency.

From the original petition:

“We recognize we are asking EPA to take drastic action. Given the nearly complete breakdown of Kentucky’s implementation and enforcement of its NPDES program, however, withdrawal of the State’s NPDES program is the only remedy that will bring Kentucky into compliance with the Clean Water Act (CWA). In particular, the State’s capitulation to the coal industry and its complete failure to prevent widespread contamination of state waters by pollution from coal mining operations leaves EPA no choice but to withdraw its approval of that program.”

The EPA sought for the suit to be dismissed, saying that there was no requirement for the agency to reply to the petition. The environmental groups agreed in court to the dismissal, and plan to re-file the lawsuit as an Administrative Procedure Act claim in the Sixth Circuit Court of Appeals.

Louisville’s Morris Forman treatment plant is still not fully functional after an electrical fire and power outage Wednesday night.

More than 100-million gallons of diluted sewage went into the Ohio River yesterday, and more continues to flow today. Some of that sewage was partially-treated, after Morris Forman began resuming some operations.

Some of it wasn’t treated at all, as the outage at the plant and rain caused the city’s combined sewer system to overflow into the river.

As of Friday morning, the sewage was still being discharged into the river, including at the Morris Forman site in Louisville’s Rubbertown neighborhood and at overflow sites around the city.

Metropolitan Sewer District officials are investigating the cause of the fire, but they say preliminary evidence suggests a lightning strike could be responsible.

It will be several days before the treatment plant is fully operational, but MSD spokesman Steve Tedder said the sewer overflows should stop sometime today, if there’s no more rain.

People are advised to avoid contact with the Ohio River and its tributaries.

This post has been updated.

More than 100 million gallons of sewage have been diverted straight into the Ohio River, following an electrical fire and power outage Wednesday night at the Morris Forman treatment plant, in what an official said is one of the largest overflows the city has had in the past decade.

The mishap occurred Wednesday night when a fire at Morris Forman in Louisville’s Rubbertown neighborhood caused an eight-hour power outage. Power was restored by Thursday morning, but sewage continues to seep into the waterway.

Rick Toomey, National Park Service

Citing drastic population loss, the federal government has listed the northern long-eared bat as “threatened” under the federal Endangered Species Act. This is the first bat species to be protected under the act solely because of the toll the disease white nose syndrome has taken on its population.

White nose syndrome is caused by a white fungus, and it’s deadly to bats. Since 2006, it’s killed nearly 6 million bats in five Canadian provinces and 25 states, including Kentucky.

Under the Endangered Species Act, species can be listed as either “threatened” or “endangered.” White nose syndrome has affected the northern long-eared bat to “the point that it’s basically a species that could become endangered in the foreseeable future,” said U.S. Fish and Wildlife spokeswoman Georgia Parham. “And this designation of ‘threatened’ extends some of the protections of the Endangered Species Act to this species.”

The northern long-eared bat is found across Kentucky, as well as throughout many Northeastern, Mid-Atlantic and Midwestern states. Parham said these bats are among the hardest-hit by white nose syndrome, and are the first to be protected under federal law solely because of the diseases.

“Now, white nose has affected other bat species, and some of those are already endangered—the Indiana bat is a good example,” she said. “It was listed as endangered back in the ’60s and it has been affected by white nose syndrome, but it was already listed before that happened.”

The new federal designation for the bat goes into effect on May 4. It makes it illegal to harm, harass, capture or kill the northern long-eared bat, and also puts certain restrictions on human activities in the bats’ natural habitat. The Fish and Wildlife Service also is proposing a separate rule that will exempt certain activities—including forest management practices and the removal of hazardous trees—under some circumstances in the bats’ habitat, because regulators don’t believe those activities will affect the bats.

Petr Kratochvil, publicdomainpictures.net

The U.S. has submitted its carbon emissions reduction plan to the United Nations, and Senate Majority Leader Mitch McConnell is already warning the rest of the world that America may not follow through on it.

Today is the informal deadline for nations to submit their plans to the U.N., prior to global climate talks scheduled for December in Paris. The U.S. plan includes carbon dioxide reductions of 26 to 28 percent over 2005 levels by 2025, which is the same promise President Obama made last year in an address in China.

But Senate Majority leader Mitch McConnell is advising the rest of the world to think twice before making similar carbon reduction pledges.

“Even if the job-killing and likely illegal Clean Power Plan were fully implemented, the United States could not meet the targets laid out in this proposed new plan,” he said in a released statement. “Considering that two-thirds of the U.S. federal government hasn’t even signed off on the Clean Power Plan and 13 states have already pledged to fight it, our international partners should proceed with caution before entering into a binding, unattainable deal.”

McConnell has been a vocal critic of the Clean Power Plan, which is the Environmental Protection Agency’s proposal to cut the country’s greenhouse gas emissions. Most recently, he urged all 50 states to delay submitting compliance plans to the federal government and to instead wait to see if legal challenges to the rule are successful. If the EPA’s rule prevails and states haven’t created customized plans to meet the goals, they’ll have to follow the federal blanket plan instead.

But McConnell’s latest statement is an echo of the recent letter sent by all 47 Republican senators to Iran’s leaders. The letter warned Iran that any nuclear weapon agreements reached with the Obama Administration could be revoked or modified any time by Congress or the next U.S. president.

Petr Kratochvil, publicdomainpictures.net

None of Kentucky’s leading candidates for governor support creating a state plan to comply with upcoming federal carbon dioxide regulations.

Democrat Jack Conway and Republicans Hal Heiner, James Comer and Will T. Scott all say they would not continue the work of Gov. Steve Beshear’s Energy and Environment Cabinet to create a plan to reduce the commonwealth’s carbon dioxide emissions.

Petr Kratochvil, publicdomainpictures.net

Senate Majority Leader Mitch McConnell is urging states to delay creating their own plans to comply with the Environmental Protection Agency’s proposed greenhouse gas regulations, in hopes legal action will force the EPA to jettison the rules.

In an opinion piece published earlier this week by the Lexington Herald-Leader, McConnell laid out his objections to the regulations, which are meant to reduce the U.S.’s carbon dioxide emissions. Carbon emissions from sources like fossil fuels are contributing to climate change worldwide.

McConnell writes:

“So what are governors and state officials who value the well-being of the middle class to do? Here’s my advice:

Don’t be complicit in the administration’s attack on the middle class. Think twice before submitting a state plan — which could lock you in to federal enforcement and expose you to lawsuits — when the administration is standing on shaky legal ground and when, without your support, it won’t be able to demonstrate the capacity to carry out such political extremism.

A national group has launched a campaign to highlight Senate Majority Leader Mitch McConnell’s environmental record.

For the first time in about a century, no union coal miners are working in Kentucky. The state’s few remaining union miners were laid off New Year’s Eve when Patriot Coal’s Highland Mine in Western Kentucky shut down, the United Mine Workers of America confirmed.

“Appalachia was always a really tough nut for the union to crack, and I think maybe Kentucky was the toughest nut of all,” said labor historian James Green, author of a new book about West Virginia’s mine wars.

In retrospect, the fight to unionize Harlan County’s Brookside mine in 1973 was one of the last stands for the union in the commonwealth, Green said. The struggle was immortalized in the Oscar-winning documentary “Harlan County, USA.”

The decline of unions is a nationwide trend that applies to organized labor of all types. In 1983, 20 percent of American workers belonged to some sort of labor union, according to the Bureau of Labor Statistics notes. By 2014, that number had fallen to 11 percent.

But Green said the decline of the coal workers’ union is one of the starkest in the country.

“The steel and auto industries have managed to regroup and regain some hold,” he said. “Still, most General Motors workers are [members of the United Auto Workers union]. You can’t say that about most coal miners.”

Kentucky LRC

With support from an unlikely partnership of industry and environmental advocates, a Kentucky House committee on Tuesday approved a bill that would regulate hydraulic fracturing—or fracking—for natural gas.

The fracking process extracts natural gas by drilling deep into the earth and injecting water, sand and chemicals to release gas from shale formations up sometimes over two miles underground.

The House proposal would impose several regulations on the fracking industry, including water quality testing near injection sites, disclosure of the chemicals that are injected underground and a requirement that companies protect or reclaim land around injection sites.

“It’s not only good for the oil and gas industry but it’s good for environmental protection purposes as well,” said House Majority Leader Rocky Adkins, a Democrat from Sandy Hook who sponsored the bill.

Tom FitzGerald, director of environmental group the Kentucky Resources Council, said there are “arguments to be made” that fracking has more negative than positive impacts, But he nonetheless supported the bill, saying it would regulate fracking’s inevitable growth in the state.

Flickr/Creative Commons

A new public-private partnership in Kentucky will help the state’s livestock producers control their animals’ excrement.

The project will direct more than $4 million toward planning resources and on-the-ground solutions designed to help keep excess nutrients out of the commonwealth’s waterways. This is an issue in Kentucky—and in many watersheds. Nutrients like nitrogen and phosphorus are used heavily in agriculture, but the runoff can cause problems in rivers and streams.

“In crop production, we utilize those nutrients to grow the crops we need,” said Amanda Gumbert of the University of Kentucky’s Agriculture Extension program.

“In livestock production, our animals are given nutrients through their feed, but then also we produce nutrients with manure. So, we have to balance that production of manure with the crops we want to grow without losing excessive nutrients into the environment.”

Updated at 5:04 p.m. ET

The Senate in a bipartisan 62-to-36 vote approved Thursday the Keystone XL pipeline project, setting up a faceoff with the White House, which has threatened a presidential veto.

Nine Democrats joined 53 Republicans to pass the measure, which now must be reconciled with a version passed last month by the House. The Senate vote is also not enough to override a presidential veto.

It's official: 2014 was the hottest year on record.

The National Oceanic and Atmospheric Administration's National Climatic Data Center crunched the numbers and came to this conclusion:

Is Fracking Coming to the Cumberlands?

Jan 9, 2015

Speculation has begun in Eastern Kentucky about a potentially large reserve of oil and natural gas trapped about two miles underground. If the Rogersville Shale is proven productive, it would be the region’s first major oil and gas play. This has excited the industry, but some residents are worried about the toll large-scale oil and gas production would take on human health and the environment.

WikiMedia Commons

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.

Pages