Resolved Cases

Illegal Selling of Daniel Boone National Forest Trees

After surveying hundreds of acres Kentucky Heartwood found that the Forest Service marked and sold an estimated 13,163 more trees than what was approved in the 2017 project decision.

Circuit Court Win In Clark County Zoning Case

Clark Circuit Court Affirms Board of Adjustment Decision That Scrap Facility Expanded Impermissibly

KRC Assists Residents of Powell County in Challenging Proposed Landfill

KRC represents Powell County citizens in challenging the issuance of a "less-than-one-acre" construction and demolition debris (CDD) landfill issued by the Energy and Environment Cabinet to Blaze Enterprises LLC.

New Pipeline Regulations in Boyle County

On August 28, 2019, the Danville-Boyle County Planning and Zoning Commission unanimously passed the increased regulations, providing a safer community for Boyle County residents.

Petition Filed to Protect Water Sources of Benham & Lynch from Strip Mining

Four residents of Harlan County have petitioned to designate the historic districts of the towns Benham and Lynch, Kentucky, the viewshed of those districts, and the water sources of the towns as unsuitable for strip mining.

Protecting Benham and Lynch from Expanded Mining

A petition to designate the historic districts within the cities of Benham and Lynch Kentucky and the viewshed from those districts, and the watersheds that provide the water supply for the towns as areas unsuitable for mining has been drafted by KRC

KRC Assists In Challenge To VA Hospital Proposal

KRC is working with the StroboBarkley law firm in the City of Crossgate's challenge to decision of the VA to build a new hospital on Brownsboro Road. The suit raises questions of compliance with the National Environmental Policy Act by the VA.

PSC Denies LG&E and KU Application To Deploy "Smart Meters"

In an Order entered on August 30, 2018, the Kentucky Public Service Commission denied the request by LG&E and KU to Deploy Smart Meters, ruling that the utilities provided insufficient evidence to justify expense.

State Withdraws Weak Air Toxics Regulations

The regulations had been criticized both by regulated industries and environmental organizations. KRC had recommended withdrawal of the regulatory proposal because it was underprotective of public health and the environment in many areas...

Decision On Pine Mountain Petition

On April 27, 2001, Secretary James Bickford entered an Order - declaring that 2,364 acres of land within the area north of the Pine Mountain Settlement School as unsuitable for all types of surface coal mining operations.

EPA Asked to Stay Effective Date of Closing Vehicle Testing

EPA Asked to Stay Effective Date of Closing Vehicle Testing in Northern Kentucky, pending judicial review

Metropolitan Housing Coalition (MHC) Seeks To Intervene In PSC Case Where LG&E and KU Seek To Reduce Energy Efficiency and Demand Management Programs

Metropolitan Housing Coalition (MHC) Seeks To Intervene In PSC Case Where LG&E and KU Seek To Reduce Energy Efficiency and Demand Management Programs

KRC seeks rehearing of FERC approval of Kinder-Morgan's Pipeline "Abandonment."

Allegheny Defense Project, Kentucky Heartwood, and KRC seek rehearing of FERC approval of Kinder-Morgan's Pipeline "Abandonment."

Settlement in LG& Rate Cases Protects Vulnerable Residential Customers

Settlement in LG&E/KU Rate Cases Protects Vulnerable Residential Customers

Settlement in LG&E/KU Rate Cases Protects Vulnerable Residential Customers

KRC Statement Opposing Conditional Use Permit For Biodigester

This facility does not fit under the definition of a non-accessory alternative energy system, which is defined as [a]ny facility or installation such as a windmill, hydroelectric unit or solar collecting or concentrating array.

KRC Opposes Location of Four Anaerobic Biodigester Units In Louisville's California Neighborhood

KRC Opposes Location of Four Anaerobic Biodigester Units In Louisville's California Neighborhood

Agreed Order of Judgment Ends Suit Against Boyd County Landfill

Agreed Order of Judgment Ends Suit Against Boyd County Landfill

Challenge to EPA Approval of 2013 Kentucky Water Quality Standards

Challenge to EPA Approval of 2013 Kentucky Water Quality Standards for selenium and for preventing eutrophication results in settlement agreement.

Citizens Challenge 2005 Boyd County Fiscal Court Allowance of 42.9 Million Tons of Waste For Big Run Landfill

Proposed Settlement in LG&E Rate Case Protects Low-and-Fixed Income Ratepayers; Encourages Energy Efficiency

Renewal of Landfaming Permit to Triple M Land Farms, Inc. Is Challenged

Renewal of Landfaming Permit to Triple M Land Farms, Inc. Is Challenged

Reply Memorandum Filed In Bluegrass Pipeline Eminent Domain Case

Reply Memorandum Filed In Bluegrass Pipeline Eminent Domain Case

Motion Seeks Ruling That Bluegrass Pipeline Lacks Eminent Domain Power

Motion Seeks Ruling That Bluegrass Pipeline Lacks Eminent Domain Power

Complaint Challenges EPA Approval of Selenium Water Quality Standard for Kentucky

Complaint Challenges EPA Approval of Selenium Water Quality Standard for Kentucky

Complaint Seeks Court Ruling On Whether Bluegrass Pipeline Company LLC Can Condemn Property For Natural Gas Liquids Pipeline

Complaint Seeks Court Ruling On Whether Bluegrass Pipeline Company LLC Can Condemn Property For Natural Gas Liquids Pipeline

Opening Memorandum Filed In Appeal Challenging Rejection Of Lands Unsuitable for Mining Petition For Lynch and Benham, Kentucky

Opening Memorandum Filed In Appeal Challenging Rejection Of Lands Unsuitable for Mining Petition For Lynch and Benham, Kentucky

Drakes Creek Holding Limestone Permit Challenged

Drakes Creek Holding Limestone Permit Challenged

KRC Seeks Assurances Of Community Facility Reviews For Proposed MSD and Louisville Water Co. Facilities

Marion County Adopts Resolution Opposing Bluegrass NGL Pipeline

Opening Brief In Case Challenging Constitutionality of Cell Tower Secrecy Statute Is Filed

KRC Calls On Bluegrass Pipeline Partners To Agree To A Comprehensive Environmental Impact Statement

KRC Calls On Bluegrass Pipeline Partners To Agree To A Comprehensive Environmental Impact Statement

Bullitt County Quarry Case Briefed And Awaiting Court Review

Bullitt County Quarry Case Briefed And Awaiting Court Review

Council Expresses Concern That Costs Of Wheeling Purchased Power For Aluminum Smelter Not Be Shifted To Remaining Big Rivers Electric Co-operative Ratepayers

Council Expresses Concern That Costs Of Wheeling Purchased Power For Aluminum Smelter Not Be Shifted To Remaining Big Rivers Electric Co-operative Ratepayers

Will Multiple-Message Electronic Billboards Spread Along Kentucky's Highways?

Will Multiple-Message Electronic Billboards Spread Along Kentucky's Highways

Council Opposes Reissuance of Permit To "Landfarm" Petroleum-Contaminated Soils

Council Opposes Reissuance of Permit To "Landfarm" Petroleum-Contaminated Soils

Zoning Approval For Western Kentucky Strip Mine Is Challenged

Zoning Approval For Western Kentucky Strip Mine Is Challenged

Council seeks and receives assurances from Louisville Regional Airport Authority and FAA concerning easements at Bowman Field

Council seeks and receives assurances from Louisville Regional Airport Authority and FAA concerning easements at Bowman Field

KRC Comments on Solvent Replacement At Rubbertown Plant

Discretionary Review Sought In Kentucky-American Water Case

Discretionary Review Sought In Kentucky-American Water Case

New Zeon Class Settlement Approved

New Zeon Class Settlement Approved

KRC Testimony In Opposition To Sandhill Crane Hunt

KRC Testimony In Opposition To Sandhill Crane Hunt

Court Asked To Narrow Scope of Zeon Class Action Settlement

Court Asked To Narrow Scope of Zeon Class Action Settlement

Water Quality Certification for Paducah Dock Project Challenged

Water Quality Certification for Paducah Dock Project Challenged

Class Action Settlement in Zeon Case Opposed by Eboni Cochran of REACT

Class Action Settlement in Zeon Case Opposed by Eboni Cochran of REACT

Natural Gas Supply Retail Competition Case Submitted to Public Service Commission

Natural Gas Supply Retail Competition Case Submitted to Public Service Commission

KRC Opposes Request for "Valid Existing Rights" Finding That Would Allow Strip Mining Within Daniel Boone National Forest

KRC Opposes Request for "Valid Existing Rights" Finding That Would Allow Strip Mining Within Daniel Boone National Forest

Rejection of Benham and Lynch Lands Unsuitable for Mining Petition Appealed

Rejection of Benham and Lynch Lands Unsuitable for Mining Petition Appealed

PSC Approves PPL Acquisition of LG&E and KU; Settlement Offers Additional Help for Low- and Fixed-Income Ratepayers

PSC Hears Testimony on PPL Acquisition of LG&E and KU; Settlement Offers Additional Help for Low- and Fixed-Income Ratepayers

PSC Hears Testimony on PPL Acquisition of LG&E and KU; Settlement Offers Additional Help for Low- and Fixed-Income Ratepayers

Petition Filed To Designate Water Sources for Benham and Lynch Kentucky As Unsuitable For Surface Coal Mining

Petition Filed To Designate Water Sources for Benham and Lynch Kentucky As Unsuitable For Surface Coal Mining

Frasure Creek 404 Application in Buckhorn Creek Watershed Withdrawn

Frasure Creek 404 Application in Buckhorn Creek Watershed Withdrawn

KRC Comments On Proposed Underground Mine Near Water Supplies of Benham and Lynch

KRC Comments On Proposed Underground Mine Near Water Supplies of Benham and Lynch

KRC Comments On Proposed Underground Mine Near Lynch Water Reservoir

KRC Comments On Proposed Underground Mine Near Lynch Water Reservoir

Notice of Intent to Sue Served Over Pennsylvania Mining Program

Notice of Intent to Sue Served Over Pennsylvania Mining Program

Objections Lodged To Proposed Zeon Class Action Settlement

Objections Lodged To Proposed Zeon Class Action Settlement

Rehearing Sought In Condemnation Action

Rehearing Sought In Condemnation Action

Motions Challenge Kentucky-American's Condemnation Powers

Motions Challenge Kentucky-American's Condemnation Powers

Objections Filed To Rubbertown Settlements

Objections Filed To Rubbertown Settlements

Kentucky American Seeks Dismissal Of Lawsuit Challenging Its Power To Condemn

Kentucky American Seeks Dismissal Of Lawsuit Challenging Its Power To Condemn

Challenge To Kentucky Pioneer Merchant Power Plant Siting Dismissed

Challenge To Kentucky Pioneer Merchant Power Plant Siting Dismissed

Declaratory Judgment Challenges Kentucky-American Water Company's Power To Condemn Land For Pipeline Project

Declaratory Judgment Challenges Kentucky-American Water Company's Power To Condemn Land For Pipeline Project

CAWS Appeals PSC Order Granting Kentucky-American Certificate For New Water Treatment Plant and Pipeline

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MSD Variance Approving Relocation of Beargrass Creek on River Metals Property Is Remanded

MSD Variance Approving Relocation of Beargrass Creek on River Metals Property Is Remanded

Agreed Order Entered in Challenge to DOE Water Discharge Permit

Agreed Order Entered in Challenge to DOE Water Discharge Permit

Floodplain Variance Allowing Beargrass Creek Relocation Is Challenged

Floodplain Variance Allowing Beargrass Creek Relocation Is Challenged

KRC Opposes Coal Mining Beneath City of Lynch Water Reservoir

KRC Opposes Coal Mining Beneath City of Lynch Water Reservoir

Water Discharge Permit For DOE Paducah Gaseous Diffusion Plant Challenged

Water Discharge Permit For DOE Paducah Gaseous Diffusion Plant Challenged

6th Circuit Affirms EPA Approval of Northern Ky. Vehicle Program End

6th Circuit Affirms EPA Approval of Northern Ky. Vehicle Program End

PSC Order In Cell Tower Case Appealed

PSC Order In Cell Tower Case Appealed

Rehearing Sought On Cell Tower Siting Case

Rehearing Sought On Cell Tower Siting Case

PSC Ruling Interpreting Cell Tower Law Could Affect Many Communities

PSC Ruling Interpreting Cell Tower Law Could Affect Many Communities

KRC Asks 6th Circuit Court of Appeals To Stay End of Northern Kentucky I/M Program

KRC Asks 6th Circuit Court of Appeals To Stay End of Northern Kentucky I/M Program

Hearing Regulation for Storage Tank Claims Finalized

Hearing Regulation for Storage Tank Claims Finalized

PSC Rejects Transmission Line Corridor Through Daniel Boone Forest

PSC Rejects Transmission Line Corridor Through Daniel Boone Forest

Complaint Is Filed - Challenging Weakened Controls on Swine Feeding Operations

Complaint Is Filed - Challenging Weakened Controls on Swine Feeding Operations

Fulton County Officials Issue Permit For Confined Hog Operation, Ignoring Public Comment and Applying Unlawfully Adopted Regulations

Fulton County Officials Issue Permit For Confined Hog Operation, Ignoring Public Comment and Applying Unlawfully Adopted Regulations

KRC Opposes Mining Rule Change Weakening Scrutiny Over Changes In Control of Mine Companies

KRC Opposes Mining Rule Change Weakening Scrutiny Over Changes In Control of Mine Companies

EPA approves Kentucky Antidegradation Standard, Groups Sue To Void Rule

EPA approves Kentucky Antidegradation Standard, Groups Sue To Void Rule

Reply Brief Filed In Okolona Mall Case

Federal Circuit Rejects Takings Claim In Stearns Case

Federal Circuit Rejects Takings Claim In Stearns Case

KRC Responds To EPA Petition for Rehearing In Mining Case

KRC Responds To EPA Petition for Rehearing In Mining Case

Post-Hearing Brief Filed In Estill County Power Plant Case

Post-Hearing Brief Filed In Estill County Power Plant Case

Governor Restores Reclamation Bond Pool Funds; Averts Threatened KRC Suit

Governor Restores Reclamation Bond Pool Funds; Averts Threatened KRC Suit

Judge Rejects Motion to Dismiss Suit Challenging Agreed Order Between DOE and State Cabinet on Paducah Plant 

KRC SERVES NOTICE OF INTENT TO SUE TO FORCE REIMBURSEMENT OF MINING BOND POOL FUND

KRC SERVES NOTICE OF INTENT TO SUE TO FORCE REIMBURSEMENT OF MINING BOND POOL FUND

KRC Files Amicus Brief in Stearns Takings Case

KRC Files Amicus Brief in Stearns Takings Case

State Revises Power Plant Ash Landfill Permit To Address KRC Concerns

State Revises Power Plant Ash Landfill Permit To Address KRC Concerns

Approval of Estill County Power Plant Challenged

Oral Arguments Heard In Remining / Western Mine Case

Oral Arguments Heard In Remining / Western Mine Case

Briefing Complete in Vehicle Testing Case

Briefing Complete in Vehicle Testing Case

Opening Brief Filed In Joint Tenancy - Strip Mining Case

Opening Brief Filed In Joint Tenancy - Strip Mining Case

Briefing Complete in Thoroughbred Siting Challenge   

Briefing Complete in Thoroughbred Siting Challenge   

KRC challenges agreed order between Natural Resources Cabinet and DOE

KRC challenges agreed order between Natural Resources Cabinet and DOE

KRC Serves Notice of Intent To Sue Kentucky, EPA Over End To Vehicle Testing Program In Jefferson County, Kentucky.

KRC Serves Notice of Intent To Sue Kentucky, EPA Over End To Vehicle Testing Program In Jefferson County, Kentucky.

Whitely County Stone

Whitely County Stone

Opening Brief Filed In Kentucky Pioneer Power Plant Waste Case

KRC Requests OSM to Set Aside State Law Provisions Stripping Protections From New Pine Mountain Trail State Park

KRC Requests OSM To Set Aside State Law Provisions Stripping Protections From New Pine Mountain Trail State Park

KRC Requests OSM To Set Aside State Law Provisions Stripping Protections From New Pine Mountain Trail State Park

Conditional Use Request Withdrawn

Conditional Use Request Withdrawn

Update on KRC Litigation

Update on KRC Litigation

Cabinet Supports Revocation of Nugent Permit

Cabinet Supports Revocation of Nugent Permit

Gallatin County Residents Prevail in Permit Challenge

Gallatin County Residents Prevail in Permit Challenge

State Decision Challenged

State Decision Challenged

Citizens Coal Council and KRC Challenge EPA Rule Relaxing Sediment Controls On Mining

Citizens Coal Council and KRC Challenge EPA Rule Relaxing Sediment Controls On Mining

Nugent Case Underscores Weakness In State Regulation of Non-Coal Mining

Nugent Case Underscores Weakness In State Regulation of Non-Coal Mining

KRC Files Brief Opposing Bonds for Transpark

KRC Files Brief Opposing Bonds for Transpark

KFTC/KRC Citizen Complaint Spurs Federal Enforcement Action

KFTC/KRC Citizen Complaint Spurs Federal Enforcement Action

Opening Brief Filed in Case Challenging Issuance of Mine Permits

Opening Brief Filed in Case Challenging Issuance of Mine Permits