Update on KRC Litigation

In an unpublished opinion dated May 9, 2003, the Kentucky Court of Appeals rejected Joey Roberts challenge to the approval by the state of a $25 million dollar bond and note issue to support the controversial Warren County "Transpark" industrial park. Roberts, represented by KRC, had challenged the bond and note issuance and lease agreement obligating the county to pay any shortfalls in debt service, as being inconsistent with the interests of Warren County residents and taxpayers.

A decision will be made within the next 20 days as to whether to seek rehearing or discretionary review by the state Supreme Court of the adverse Court of Appeals decision.

KRC Appeals Decision Exempting Waste Fuel From Permitting And Local Review

On behalf of Clark County resident Charles Walters, KRC today appealed the decision of Natural Resources Cabinet Secretary List upholding a decision by the state Division of Waste Management that the processed garbage that Kentucky Pioneer Energy wants to import to use to fuel a proposed power plant in Clark County, is exempt from state waste permitting and local solid waste approval.

Walters had won a Hearing Officer's Report and Recommendation that the Cabinet erred in finding that the processed waste, which would not separate plastics or paper, met the definition of "refuse derived fuel" and was exempt from state and local waste laws. The Cabinet Secretary instead accepted all of the Hearing Officer's factual findings but rejected the conclusions of law, rejected the recommendation that Walters was correct, and instead upheld the exemption of the proposed garbage fuel from state and local control.

KRC has appealed the decision to the Franklin Circuit Court, and intends to vigorously defend the right accorded under state law to local communities to control importation and use of waste-based fuels, and to vindicate the intent of state law that only after extensive separation of all recyclables (including plastics and paper) could such a waste-based fuel be exempted from state and local controls.

As has been the case, KRC will continue to post and provide notice of major pleadings in litigation in which KRC is involved.