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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. |
In an August 25th letter, KRC questions whether the July 2007 agreement for construction by a private high school of six tennis courts in Seneca Park in return for a set number of reserved use hours for those courts, violates the state constitution's limits on how governmental franchises and privileges are granted. To read the letter, click the headline. Click the headline to read KRC's comments on the draft environmental impact statement for the proposed National Bio and Agro-Defense Facility. Kentucky had been under consideration for the proposed "biolab" but is not one of the locations that was chosen for in-depth evaluation. Click the headline for three simple actions you can take as a utility customer and a citizen of the Commonwealth to help curb mining abuses. KRC joins people across the Commonwealth in mourning the death and celebrating the life of former state Representative Gross Lindsay. KRC's Director worked with Rep. Lindsay on several bills during the past 30 years, and always admired his humor, his honesty, his kindness, and his willingness to stand against the popular tide in order to protect individual rights and liberties. When we would inquire about a bill that we hoped would not be heard, Rep. Lindsay would say only that the bill was "resting comfortably." Godspeed, Mr. Chairman, and may your loved ones find comfort in knowing that yours was a life well-lived. Click the headline to read KRC Director Tom FitzGerald's concluding remarks at the June 3-4 "Energizing Kentucky" Conference. "Energizing Kentucky" is a collaborative effort of UK, U of L, Centre and Berea Colleges on energy policy. For more information on the initiative, visit www.energizingkentucky.org. Two additional conferences are planned. 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. |
In a letter to the Kentucky High School Athletics Association, KRC has asked KHSAA to work with pediatric health professionals and air pollution control officials to incorporate air pollution considerations into the protocols for limiting or canceling outdoor sports activities. To read the letter, click the headline. An appeal of the approval of a construction certificate for a merchant power plant in Clark County, Kentucky raises the question of whether the state Siting Board must await local zoning and planning approval before it can process an application for construction approval. To read the opening brief in this appeal, click the headline. A rule proposed by the Kentucky Transportation Cabinet that would have reversed long-standing Kentucky policy and allowed multi-message electronic billboards , will be withdrawn at the direction of Governoer Beshear. The Governor's office had not been briefed before the regulation was proposed, and became aware of it only after KRC contacted the office to express concern. To read KRC's letter to the Governor regarding electronic billboards, click the headline. In an article published in the Spring 2008 issue of Ohio Valley History, long-time environmental advocate and environmental engineer Sarah Lynn Cunningham chronicles Louisville's political battles over air pollution control from the 1800's through the signing of the Clean Air Act in 1970. To read "From Smoke-Filled Skies to Smoke-Filled Rooms," go to http://greensmarts.us/files/From_Smoke-Filled_Skies_Full-Sized_.pdf. A June 20, 2008 2-1 split decision of the Kentucky Court of Appeals reversing the Franklin Circuit Court, means that cell towers proposed to be built in communities with planning commissions that have not adopted zoning regulations for cell towers, will not be reviewed by state or local agencies for potential adverse impact on neighbors. At issue was a tower proposed to be built in Laurel County, which has countywide planning but zoning only in the City of London. The local planning body disclaimed jurisdiction over the tower siting since it was located outside London in the county, and the Public Service Commission determined that the mere adoption of countywide planning by Laurel County was sufficient to divest the PSC of responsibility to review the tower. The Shadoans, neighbors of the proposed tower, will seek further review of the Court of Appeals decision in order to assure that other landowners are not subject to this regulatory "limbo." Opportunities for net metering of electricity from renewable sources was expanded significantly with the passage of Senate Bill 83 by the 2008 Kentucky General Assembly. Among the provisions intended to increase the use of net metering by utility customers in the state is a mandate to the Public Service Commission to develop guidelines to standardize and simplify interconnection with the utility grid and the terms of net metering agreements. The PSC has opened a case, No. 2008-00169, and three parties representing the interests of consumers in increasing the use of renewable energy and net metering, Appalachia-Science in the Public Interest, Solar Energy Solutions, LLC, and NAPCEB-certified installer Joshua Bills, have been granted joint intervention status in the case. The utilities and intervenors (who are represented by KRC) will collaborate through August to attempt to achieve consensus on the terms of the new guidelines and tariff, and in the absence of consensus, formal proceedings will commence in late Fall. The Kentucky Division of Waste Management has filed with the Legislative Research Commission, amendments to 12 Kentucky hazardous waste regulations intended to incorporate changes to corresponding federal waste regulations. At KRC's suggestion, a number of changes were made to the proposed regulations in order both to address clerical errors and to assure that any alternative financial assurance requirements approved by the agency be enforceable and be subject to public notice and comment. To read KRC's commetns on the proposed regulations, click the headline. On behalf of Citizens for Alternative Water Solutions, KRC has filed an appeal before the Franklin Circuit Court of the Public Service Commission Order granting Kentucky-American Water Company a certificate to construct a new 20 mgd water treatment plant on Pool 3 of the Kentucky River. To read the text of the appeal, click the headline. At a June 18 gathering in Lexington, Dean Vestal of the UK College of Law announced that KRC's Director Tom FitzGerald will be the first recipient of the "Professional Achievement Award;" one of four alumni awards established this year to honor graduates for their contributions to the practice of law and service to their communities. 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. |
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