EPA

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.

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.

McCarthy Rejects McConnell's 'War on Coal' Charges

Nov 17, 2014
EPA

EPA administrator Gina McCarthy is rejecting claims that her agency is waging a “war on coal”.  Speaking at a breakfast hosted by the Christian Science Monitor, McCarthy says she expects coal to remain as part of the energy mix and that the coal industry is not specifically being targeted as the agency tries to reduce the nation’s carbon emissions. 

Last week, Senator Mitch McConnell told the Courier-Journal that the Obama administration’s approach to the coal industry was a “true outrage”, and also criticized the just-announced climate agreement with China. 

Abbey Oldham

Kentucky Senator Mitch McConnell has made no secret of his plans should he win re-election next month and should he become Senate Majority Leader.

The latter will happen if McConnell defeats Democrat Alison Lundergan Grimes and Republicans win a net of six Senate seats in November. McConnell has told audiences and reporters that, if he became Senate Majority Leader, he would seek to defeat President Obama’s legislative agenda by adding language to spending bills that would strip funding from projects the President supports.

In an interview with WKU Public Radio Wednesday, McConnell was asked specifically which programs he would seek to defund.

WKU Public Radio: What specific programs or initiatives would you seek to block if you were to become Senate Majority Leader?

Sen. Mitch McConnell: Well, my first choice, obviously, is to see what the President is willing to do with us. We need to do comprehensive tax reform. It’s been 30 years since we scrubbed the code. The President says he wants to do trade agreements. That’s a big winner for Kentucky agriculture. So I think you would anticipate kind of a mix of things, hopefully working on things we can agree on together.

But there are some things we would differ on. The initiatives that the President has carried out through the regulatory side have been quite burdensome to the economy. And we would indeed seek to reign in the regulators, and a good example of that is the war on coal, which has created a depression in eastern Kentucky.

Attorneys General from Kentucky, Indiana and 10 other states are suing the federal Environmental Protection Agency over proposed greenhouse gas regulations.

The EPA has been required to regulate greenhouse gases—like carbon dioxide—since 2007, when the Supreme Court determined the gases posed a danger to human health. The lawsuit filed in the D.C. Court of Appeals on Friday takes issue with the way the EPA has proposed the regulations.

Kentucky Attorney General Jack Conway joined the suit without input from the Beshear Administration’s Energy and Environment Cabinet. Conway referenced the lawsuit in his Fancy Farm speech over the weekend.

"In fact, you’re looking at the only Democratic Attorney General in the country who is standing up for our coal and our low electricity rates by suing the EPA over whether they even have the authority to implement these new rules," Conway said to the crowd Saturday.

Under the proposed regulation, Kentucky will have to reduce its carbon dioxide emissions by 18 percent, and Indiana by 20 percent. But the way the emissions reductions are reached is left primarily up to the states.

The coal industry made its presence known in Pittsburgh this week for public hearings on President Obama's controversial plan to address climate change. A key element is rules the Environmental Protection Agency proposed in June. They would cut greenhouse gas emissions — chiefly carbon dioxide — from existing power plants. The national goal is 30 percent by 2030, based on 2005 levels.

McConnell Press Office

The Environmental Protection Agency is holding hearings this week across the country to collect public comments on its proposed regulations limiting greenhouse gas emissions.  Members of Kentucky’s congressional delegation gathered Wednesday to address what they call a “war on coal.”

The EPA’s proposed regulation would require Kentucky to cut 18 percent of its carbon dioxide emissions, though it leaves how those cuts are made up to the state.  Senate Minority Leader Mitch McConnell attended what he called a “sham hearing” to voice his objections with the rule to EPA representatives, and then hosted a press conference with other congressional members from coal producing states.

"This isn’t about regulations written in some dungeon up in Washington. This is about thousands of people who have lost their jobs," exclaimed U.S. Senator Rand Paul of Kentucky.

TVA

The Environmental Protection Agency will hold hearings this week on proposed regulations to limit the carbon dioxide coal-fired power plants can emit. Environmental activists and coal industry supporters are both traveling from Kentucky to Atlanta this week for the federal hearing.

The EPA’s rule would cut carbon dioxide emissions nationwide. The proposal sets emissions goals for each state, and leaves it up to individual states to decide how to achieve those goals.  But before the rule is finalized, there are months of public comment. People can submit comments in writing, or make public statements at one of the four hearings happening this week. But Bill Bissett of the Kentucky Coal Association says it’s worth it to many to make the trek.

“I think the difference is, you can send a letter, you can send an email, but I think it’s important, one, that the people on the other side of this issue hear what we have to say as people who support coal,” said Bissett.  “But I think also, we need to hear what they have to say. To me, it’s a very democratic principle of this country, to be heard publicly."

Tennessee Valley Authority

A lawsuit has been filed against the Tennessee Valley Authority over its plans to shut down two coal-fired units at its plant in Muhlenberg County.

The suit brought by a group of landowners and the Kentucky Coal Association argues the TVA didn’t perform a proper environmental impact statement before it decided to close the units at the Paradise Fossil Plant, and replace them with a natural gas unit scheduled to begin operations in 2017.

Meanwhile, ground continues to be cleared for the project. Speaking to reporters in June at the Paradise plant in Drakesboro, TVA transition manager Billy Sabin said the excavation stage should be completed within three months.

“That’s expected to complete sometime around the September timeframe. When that is complete, we’ll be working on getting our permits in place, and starting actual construction the end of this year to the first of next year.”

A TVA spokesman says officials are reviewing the lawsuit and will respond appropriately. The federally-owned corporation says reducing the number of coal-burning units at its Muhlenberg County plant from three to one will cut its coal reliance at the facility by half.

Kentucky Gov. Steve Beshear says proposed federal regulations on carbon dioxide emissions from coal-fired power plants provide the state with some “flexibility” in meeting government targets.

The Environmental Protection Agency announced this month that the nation must reduce carbon emissions created by burning coal by 30 percent.

“I am glad that the EPA recognized that states need flexibility. We tried to make that point with them over and over again as they developed this rule,” said Beshear. “What I’m concerned about is they, I’m not sure they’ve given us as much flexibility as we need.”

An analysis by Bloomberg’s New Energy Finance research arm found that Kentucky could actually be able to increase its carbon emissions up to 4 percent under the EPA rules.

“We all want a clean environment, and I think we all share that goal. It’s a difference in balance and how we phase in those standards and how we can reach them, and at the same time keep coal jobs in the coal fields and keep manufacturing jobs in Kentucky,” said Beshear.

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