2008 Right Livelihood Awards "Alternative Nobel" - Live Stream and Democracy Now coverage, 12-8-08

The 2008 Right Livelihood Awards, "The Alternative Nobel Prize" are being awarded today and we are happy to be able to provide a link to the live stream webcast from the Swedish Parliament here:


Amy Goodman, the co-host of one of our media partners, Democracy Now, is an award recipient this year. Democracy Now is providing in depth coverage from Sweden this week. You can see their interviews with award winners, and access to streaming and other media coverage at:


Congratulations to Amy and to all of this year's award winners!

Live Election Night 2008 Coverage from Democracynow.org

Real Player

Quick Time Player Stream

Louisville Premier of "Simply Raw:Reversing Diabetes in 30 days"

I am hosting the Louisville premier of the movie "Simply Raw:Reversing Diabetes in 30 days" My goal is to heighten awareness in the community of a healthier lifestyle to help improve sickness and disease.
Here is a quick synopsis of the film:
"Simply Raw: Reversing Diabetes in 30 Days" is an eye-opening documentary film that chronicles 6 diabetics who reverse disease without prescription drugs by switching to a diet of organic, vegan, uncooked food. The culturally diverse participants are challenged to give up meat, dairy, sugar, processed and packaged food, and even cooked food for 30 days. The film follows their remarkable journey and captures the medical, physical, and emotional transformations brought on by this radical diet and lifestyle change. We witness moments of struggle, support, and hope as what is revealed, with startling clarity, is that a "simply raw" diet can reverse disease and change lives.
Additional wisdom is provided by Anthony Robbins, Michael Beckwith, Woody Harrelson, Morgan Spurlock, and Doctors Fred Bisci, Joel Furhman, Gary Null, and Gabriel Cousens.

Event details:
Saturday October 25, 2008 – 4:00pm
Kentucky Expo Center, West Hall ‘A’ at 937 Phillips Lane, Louisville 40209
To register for the event please email Justin: pohnjs@gmail.com or call (502) 744.5598
$5 if paid in advance

US Rep. John Yarmuth on Green Energy and Green Jobs Now

US Rep. John Yarmuth Speaks in Louisville KY on Green Energy and Green Jobs Now! for the Our1Planet / Green Jobs Now! Event at the 2008 Idea Fest Sponsored by the International Network of Social Entrepreneurs

CLICK HERE to Listen to Congressman Yarmuth's speech.

9/27/08, Louisville, KY: (OpenNewsNet): U.S. Congressman John Yarmuth urged Americans to move forward with green energy and business to support job creation, environmental and economic well being. Yarmuth described portions of the 2008 Energy Bill, highlighting renewable energy and conservation opportunities and pointed to the work of Our1Planet.org and the International Network of Social Entrepreneurs as an important part of networking for a Green economy.

The Idea Festival event was part of the National Green Jobs Now! Day of support for a green economy sponsored by Green For All. In Kentucky, five diverse events joined over 600 nationwide. Other Local events and sponsors include The Adena Institute, Sustainable Business Networks, Kentuckians for the Commonwealth,Rainbow Blossom Natural Foods Markets Green Fair, Kentucky Solar Partnership, The Frankfort Avenue March for Peace and Planet and others.

More information on the Kentucky events can be found at http://sustainablebusinessnetworks.blogspot.com

For information on Green Jobs Now! and Green for All can be found at http://www.greenjobsnow.org

Ky Legislative Wrapup 2008: Tom Fitzgerald of Kentucky Resources Council

"The Good, The Bad, and the Ugly"
Tom Fitzgerald of the Kentucky Resources Council gives a comprehensive overview of environmental, energy, public safety and budgetary issues and the behind-the-scenes politics of the 2008 Kentucky Legislative Session.

Click below to view the OpenNewsNet web video podcast:

This presentation was given on April 18, 2008 to the League of Women Voters, Louisville, KY, USA.

Creative Commons Non-Commercial No-Derivs License 3.0
Distributed via OpenNewswire and WXBH-FM 92.7.


Kentucky Resources Council Legislative Wrapup Article: http://www.kyrc.org/webnewspro/120957567586574.shtml

Kentucky Resources Council: www. kyrc.org
League of Woemn Voters: http://lwvlouisville.home.insightbb.com/
Open Media: www.web.mac.com/adenanet
WXBH-FM 92.7 www.wxbh.org
Community Communications Project: http://communitycommunications.blogspot.com

Interview With Judy Wicks on Sustainable Business Networks

Judy Wicks on Sustainable Business Networks:

Click here to listen to the interview with Judy Wicks

Judy Wicks will be in Louisville, KY, April 20 and 21, 2008.

Click here to learn more:

This interview will also be broadcast and streamed the week of April 12- 19 and April 20-27 on Louisville's Community Radio, WXBH - FM 92.7 www.wxbh.org

KFTC Action Alert: Take action to protect Sloan's Valley from mountaintop removal mining

Stopping Mountaintop Removal and Valley Fills in Sloans Valley and Everywhere
Read and take action to protect the Lake Cumberland and the cave system in Sloans Valley
Dear Jerry,
The failure of Stream Saver legislation to win enough votes to get out of a House committee was a frustrating but momentary setback. However, the campaign to stop the senseless destruction of our mountains and streams by mountaintop removal and valley fills continues unabated and grows stronger. Here are some of the current activities:
  • with the Kentucky Waterways Alliance and Sierra Club, KFTC members are challenging a proposed 240-acre coal refuse ³sludge pond² in Perry County that would be less than a mile from the Kentucky River;
  • next week, KFTC members will be part of a group of more than 100 coalfield activists lobbying in Washington DC, asking members of Congress to pass the Clean Water Protection Act to reverse a 2002 Bush administration rule change that allows the dumping of mining wastes into streams;
  • in the eastern Kentucky coalfields we are using the publicity around the Stream Saver hearings to create public dialogue about the burying of streams;
  • the Alliance For Appalachia (a new regional alliance with groups from KY, WV, VA, TN and NC and a goal of ending mountaintop removal coal mining, of which KFTC is a founding member) is in the process of hiring an organizer to help coordinate regional efforts to stop mountaintop removal;
  • at a United Methodist Church Caring for Creation Conference, KFTC members made presentations about mountaintop removal as we continue to collaborate with faith communities around this issue.
One campaign we'd like to highlight is the efforts of residents of the Sloan's Valley community in Pulaski County to stop a mountaintop removal permit. This proposed mining represents an expansion of the geographic area where mountaintop removal is taking place. The proposed mine also threatens the world-class Sloan's Valley Cave System (listed in the Atlas of Great Caves of the World) and the pristine Neeley¹s Creek (which drain into Lake Cumberland), and would disturb the location of Harriette Simpson Arnow's masterpieces about Kentucky, its people, culture and natural beauty.
Sloans Valley residents are using a ³Lands Unsuitable for Mining² petition as their strategy for stopping this mining. The ³Designated Land² in the permit is the catchment area for Sloan's Valley and Neely's Creek Cave System. KFTC is an official party to this petition.
The Kentucky Division of Mine Permits has schedule a public hearing to receive public input on this Lands Unsuitable petition for Thursday, April 10 at the Burnside Elementary School starting at 6:30 p.m. (directions below). Anybody who can come to the hearing and support the local residents in their campaign would be most welcome.
You can also click here to add your name to a petition by citizens concerned about the expansion of mountaintop removal, the potential damage for local residents, the threats to a world class cave system, and the disregard for the historic and cultural connection to the writings of Harriette Simpson Arnow.
1. Find your way to Somerset using the best route from your location.
2. From Somerset you want to get on Highway 27 South. Go about 8 miles on Hwy 27 south.
3. Cross the Pittman Creek Bridge, continuing through the Route 1247/90 intersection (go under the unfinished overpass). As you approach the next bridge, get in the right lane.
4. Take the very first right after the bridge - there is a green sign with an arrow for Burnside Elementary School.
5. Turn right onto Lakeshore Drive (follow green signs for school).
6. Burnside Elementary School is about 0.3 miles.
If you want to MapQuest your route, the address for the school is: 435 East Lakeshore Drive, Burnside KY 42519.

Action Alert: Passage of HB 70 would allow Kentuckians to change our constitution to restore the vote automatically to ex-offenders.

update for Project RESTORE H.O.P.E.
From Katrina Byrnes
Kentucky Alliance Agianst Racial and Political Repression
The bill passed the House 80 Yeas 14 Nays
but we are not in the clear yet...
HB 70 would need to get on the fast track for passage. It needs to begin getting "readings", three of which are required. The first reading must take place today, in order to get three readings in by day 60, April 15. So, please ask your constituencies to begin calling the legislative message line - 800 372 7181 and leaving this message for Senators Williams and Kelly"
You could say :
"Senator, please fast track HB 70 by giving the bill its first reading today. It is important that those who have returned to society after paying their debt for breaking the law be allowed to vote automatically. Passage of HB 70 would allow Kentuckians to change our constitution to restore the vote automatically to ex-offenders. Thank you."

KFTC Action Alert: Restoration of voting rights amendment passes out of the House

Restoration of voting rights amendment passes out of the House
Dear Jerry,
House Bill 70 to Restore Voting Rights to Former Felons who have served their debt to society has finally been called up for a vote on the House Floor today and passed with an overwhelming 80 "yes" votes to 14 "no" votes!
We're not at all happy that the House took took so very long to act on this bill, giving very little chance for it to get through the Senate, but we're very pleased that the bill did pass by such a wide margin.
The six floor amendments to the bill that KFTC opposed were all defeated, but Rep. Sal Santoro of Boone County, attached an amendment that exempted former felons convicted of manslaughter from the automatic restoration. KFTC opposes this change because we want all former felons to have the same chance to get their rights back.
We now have a short window of opportunity to put pressure on the Senate on this issue. It's your call that could make a big difference on whether or not they act on it this year.
Call the Legislative Message Line at 1-800-372-7181 any time from 7 a.m. until 11 p.m.
Leave a message for "Senate Republican and Democratic leadership" (David Williams, Katie Stine, Dan Kelly, Dan Seum, Carroll Gibson, Ed Worley, Johnny Ray Turner and Joey Pendleton) and your own senator.
Message: "Please support House Bill 70 and expand it to restore voting rights to all former felons."
Thank you for taking action!

THE KENTUCKY GREEN ENERGY ROADSHOW 2008 - Morehead Roadshow on March 8th Cancelled Due to Weather - Re-scheduled for April 26th.

Presenting Workshops on Renewable Energy, Energy Efficiency, and Green Building

Click here for registration information

To become a sponsor or reserve an exhibitor table at one of the events, please click here.

Morehead Roadshow on March 8th Cancelled Due to Weather - Re-scheduled for April 26th.

Early Registration Deadlines have been Extended!

DateLocationEarly Registration DeadlineTimes
March 29LondonMarch 198:30 am - 5:00 pm
April 5OwensboroApril 3
April 12Northern Kentucky UniversityApril 9
April 26MoreheadApril 23

Kentucky Resources Council: 2008 REGULAR SESSION: Bills We're Watching: Week Twelve

About KRC
Kentucky Resources Council, PO Box 1070, Frankfort, KY 40602 Phone [502] 875-2428
Nameless Gazette
Private Meetings
Public Forum
Coal Law Project
PO Box 1070, Frankfort, KY 40602  Phone 502.875.2428, Fax 502.875.2845

2008 REGULAR SESSION: Bills We're Watching: Week Twelve – 1,030 Bills, 481 Resolutions, only 4 Legislative Days To Go!  Posted: March 29, 2008
2008 REGULAR SESSION: Bills We're Watching: Week Twelve

This list profiles the environmental, conservation, consumer and general government bills being tracked by the Council during the 2008 session. This is the twelfth of many updates, covering the first twelve weeks of the 2008 legislative session, which began on January 8 and continues until April 15. This list will be updated at least weekly, and will be supplemented with more detailed analysis on key bills.

With 4 legislative days left, we have removed those bills that have not yet been heard by the initial committee to which they were assigned. To review all of the bills that KRC tracked this session, click on the 13th update.

Feel free to forward this to anyone you feel might be interested, and to utilize, reprint or quote from the bill analyses. We ask only that you attribute KRC as the source when you use our analytical material (so we can take all the blame for anything we’ve gotten wrong!)


Send this to a friend, and tell them to write us at FitzKRC@aol.com if they want to receive notice when these postings are updated.


For a copy of any bill, or to check the status of the bill, to track which committee it has been assigned to for hearing, and other legislative information, visit the Legislature's Homepage at http://www.lrc.ky.gov/legislation.htm

To find your legislators email, go to http://www.lrc.ky.gov/whoswho/email.htm

The phone number to reach a legislator in person is 502-564-8100 (this is not toll-free).

The toll-free meeting schedule information line is 1-800-633-9650.

The toll-free message line is 1-800-372-7181, to leave a message for a legislator or an entire committee.

The TTY message line is 1-800-896-0305. En Espanol, el nombre es 1-866-840-6574.

The toll-free bill status number is 1-877-257-5541.


Did you know that for a single fax to 502-564-6543, you can reach all of the legislators that you want to contact? You can send a faxed letter, for example, to all Senators and Representatives by listing their individual names on a cover sheet and asking that each get a copy of your letter. The good folks at the LRC fax room will copy your fax and distribute it to all that you list (the recipients must be listed by name.) The LRC web page has a list of all legislators and all committee members.

Please note that the Council does not have a position on each bill listed. Some bills are tracked for general interest; others simply to assure that they do not become vehicles for mischievous amendments. Where KRC has taken a position concerning a bill it is indicated with a plus (+) or two minuses (to make searching easier!) (--). The primary sponsor and current status of the bill are also noted by Committee or chamber.

Senate Bills

SB 5 (Thayer) (H. Rules, Recommitted to H. Elections & Const Am.)

Would eliminate gubernatorial primary runoff elections.

SB 8 (Thayer)(H. Rules)

Comprehensive revisions to campaign finance laws.

SB 14 (Thayer) (H. Elections & Const Am)

Proposed constitutional amendment to eliminate office of Treasurer and assign duties elsewhere.

SB 16 (Seum) (H. Rules)

Bill responds to use of staff to promote ballot initiative in Metro Louisville, by restricting employees in the classified service in cities of the first class activities involving ballot initiatives during work hours and using public resources.

SB 22 (Tapp) (To Senate for Concurrence)

Would create a certification program for licensure of home inspectors.

SB 54 + (Winters) (H. Transp)

Initially, the bill creating a separate “limited” permit for sand and gravel mining operations under one acres in size concerned KRC because of the potential for abuse where one entity contracts with numerous landowners to have multiple less-than-one-acre operations, and in doing so, evade the more rigorous standards and permit obligations.

KRC proposed alternative language to more narrowly define a tiered small-operator permit for landowner excavation of surficial gravel for farmstead and personal use, and to strengthen the protections against abuse, which was accepted by the proponents of the bill and was adopted in the Senate Committee. KRC has withdrawn opposition to the bill. The bill passed the Senate on a vote of 21-15, after being amended to prevent resale of excavated gravel.

SB 58 (Burford) (H. Rules)

Increases penalty for torture of cat or dog to Class D felony.

SB 69 (Harris) (H. Rules)

Original bill would reduce by half the Hazardous Waste Assessment Fund fee paid by Rohm and Haas and Safety Kleen on hazardous wastes used as fuel, and would reduce from 20% to 5% the amount of the fee transferred to the pollution prevention fund which is administered by the Kentucky Pollution Prevention Center for funding pollution prevention programs.

Senate Committee amendment reduced the funding cut to KPPC and actually increased its funding, while further weakening the capability of the state to fund emergency response, and state superfund site remediation.

KRC negotiated a House Committee Substitute that allows the ½ rate, but in return reauthorizes the program for 8 years and stabilizes the funding at a base of $1.8 million adjusted for inflation annually, and transferring an amount from the Petroleum Storage Tank Environmental Assurance Fund to offset the reduction.

SB 83 + (Harris)(To Senate for Concurrence with House Amendments)

The House amended this bill to incorporate the provisions of HB 313, a more comprehensive House net metering bill addressing these sources and providing for standardization of interconnection requirements, as well as removing caps on availability of net metering. The bill now goes to the Senate for concurrence with the House amendments.

SB 120 (Buford) (H. Rules)

Would require booster seats for children under 7 years old and between 40 and 50 inches in height and specify penalties.

SB 127 (Buford)(To Governor)

Would remove the Henry Clay Law Office from the list of state-owned historic properties managed by the Division of Historic Properties.

SB 145 + (Stine)(S. Rules, Recommitted to Senate A&R)

Would require full consideration be given to bicycle and pedestrian ways in state transportation planning and construction, and development of standards for design and construction in roadway projects.

SB 148 (Thayer) (H. Elections & Const Am.)

Would require reporting by political issues committees of funds spent advocating approval or defeat of a proposed constitutional amendment.

SB 156 -- (Leeper and Borders)(H. NR&Env)(posted)

Companion bill to HB 542, would revise state law to eliminate current prohibition against commencement of construction of a nuclear power facility in Kentucky until the PSC certifies that the US Government has identified and approved a demonstrable technology or means for permanent and terminal disposal of high level nuclear waste.

Proposed amendment to K.R.S. 278.600-610 would instead allow construction of such plants provided that the PSC certifies that the facilities’ plan for disposal of high level nuclear waste is in conformity with the “technology approved by the” US Government and that the cost of disposal can be calculated in order that an accurate economic assessment can be completed.

Public concern with the contribution of fossil fuel-generated electricity has breathed new life into the nuclear power industry, which accounts for some 20% of the national electricity generation but which has seen little licensing activity or new capital investment in decades. The issue has split the environmental community as well, with some rethinking nuclear energy as an alternative that in the generation of power releases no greenhouse gases.

KRC believes that the policy discussion should be joined in our Commonwealth concerning the role, if any, of nuclear power, and assessment of the comparative footprints and health and environmental risks associated of various energy sources for the life cycle of the fuels and energy generation (including extraction and beneficiation/enrichment of the ores, disposal of tailings, aqueous and rod wastes; mining, processing of coal, including emissions of radionuclides associated with combustion of pulverized coal from traditional coal-fired plants and from resulting ash, and other life-cycle impacts of the fuel choices).

KRC does not, however, support revision of state law that would remove the requirement that permanent disposal for spent aqueous wastes and core rods be in operation prior to construction of any nuclear facilities in the Commonwealth, since indefinite on-site storage in dry casks and pools of spent wastes at existing facilities is not a responsible surrogate for permanent disposal, and elevates risks of accidental or intentional releases.

Bill passed the Senate 23-12.

SB 165 + (Leeper)(H. A&R)

Would establish the “Kentucky Bluegrass Turns Green Program” concentrating on energy demand-side management. KRC will be talking with Senator Leeper on melding these concepts with HB 2.

SB 196 (Smith and others)(To Governor)

Would amend existing Kentucky Recreation Trails Authority to increase membership and expand powers to improve recreational facilities on lands with recreational land use agreements. The expanded membership is weighted towards ATV and motorcycle users and does not comparably increase representation by other types of recreational users.

KRC prepared a memo on liability issues associated with the bill, and in response, House Floor Amendment. 3 was adopted, clarifying that landowners receive limited immunity from liability for dangerous conditions but not blanket immunity as the initial bill had provided.

SB 213 + (Jones) (H. NR & Env)

Would modify mine safety laws to require posting of GPS locations for evacuation sites for air evacuation of injured miners from minesites.

SB 242 (Gibson) (To Governor)

Creates a state beekeeping fund within the Department of Agriculture to assist in promoting, improving and protecting the beekeeping industry in Kentucky.

SB 243 (Ridley and others)(To Governor)

Would include wastes from coal gasification into the category of “special wastes.”

KRC had concerns regarding the bill, which were addressed in a committee substitute that KRC negotiated with representatives of a gasification company and the Cabinet. The typical by-products of the gasification of coal or petcoke or a mixture of the two under conditions where the solid byproducts are vitrified, are a coarse fraction known as "FRIT" and a carbonaceous fines fraction or (CFF). The CFF fraction has a high heating value and is typically recycled through the gasifier as a fuel source to improve coal utilization.

Testing using ASTM Synthetic Precipitation Leaching Procedure and TCLP conducted on CFF reflects leaching potential for a number of metals and compounds above water quality standards including boron, cadmium, lead, nickel, selenium, zinc and arsenic. CFF is typically recycled into the gasifier. Due probably to the higher surface area ratio, CFF leaches constituents of concern at greater amounts than larger particles of vitrified frit.

The committee substitute gives the Cabinet a gatekeeper role of reviewing appropriate testing data and then approving specific waste streams from a gasification facility based on a demonstration of low hazard. The approach is a sound one, since there is fairly little data on leaching characteristics of IGCC coal gasification wastes and some of the IGCC processes do not result in the same degree of vitrification of the wastes as others.

Senate Resolutions

SJR 72 + (Jones)(H. NR&Env)

Would direct the Environmental and Public Protection Cabinet to require emergency action plans for all high and significant hazard impoundments. Senate counterpart to House Joint Resolution 60.

The committee substitute to the bill maintains the requirement for development of an emergency action plan but provides greater clarity in terms of the timeframes and requirements for the plans, and limits plan development to high hazard potential impoundments where failure could cause loss of human life. KRC appreciates the good faith work of both the Kentucky Coal Association and Farm Bureau in assisting in the development of this consensus bill.

SJR 76 + (Harper Angel)(To Governor)

Would require Environmental and Public Protection Cabinet to submit a report to the LRC relating to electronic waste disposal and recycling.

House Bills

HB 2 + + (Adkins)(S. A&R)

Comprehensive energy bill providing an array of incentives for installation of renewables and for energy efficiency, broadening Kentucky River Authority mandate to include hydro, providing tax incentives for construction of ENERGY STAR homes, creating a mandate for high performance buildings for state owned and leased buildings, and directing a study on renewable portfolio standards and public system benefit funds.

HB 3 (Marzian, Jenkins) (S. State & Local Govt)

Would require Governor to achieve all possible gender equity in board and commission appointments.

HB 18 (Owens, Cherry, Larry Clark) (To House For Concurrence)

Would eliminate gubernatorial primary runoff elections.

HB 31 (Wilkey) (S. Judiciary)

Would establish process for expungement of criminal records for Class D felonies.

HB 55 (Burch) (S. Judiciary)

Would require booster seats for children under 8 years old and between 40 and 57 inches in height and specify penalties.

HB 70 (Owens, Crenshaw) (H. Rules)

Would amend state constitution to provide for automatic restoration of voting rights to felons on completion of sentence.

HB 83 (Yonts) (To Governor)

Would amend existing law on water districts to revise manner in which districts can extend services and composition and manner of selection of boards.

HB 88 (Simpson) (To Governor)

Would extend authority to eliminate public nuisances presently held by cities of the first, second classes and consolidated local governments, to third and fourth-class cities

HB 91 (Cherry) (House Refused To Concur In Senate Amendments)

Would define "harassment, intimidation, or bullying" and require school districts to adopt policies for assisting students who are engaging in disruptive and disorderly behavior, including harassment, intimidation, or bullying of another student. Senate modifications to the bill will be reviewed by the House – the sponsor has indicated that he does not oppose those changes.

HB 98 (Denham) (S. Ag & Nr)

Would create and define a crime of agroterrorism against an agricultural facility or product.

HB 106 (Denham) (S. Rules - Consent)

Would require junkyards and other purchasers of ferrous and nonferrous metals and objects containing ferrous and nonferrous metals to keep records of transactions and criminalize failure to maintain a register of purchases of metals and objects containing metal.

HB 119 (Simpson) (S. Judiciary)

Would amend code enforcement board statute to establish schedule for civil penalties for code violations.

HB 124 (Westrom) (S. Rules)

Amends existing laws on certification of landscape architects

HB 134 (Cherry) (S. State & Local Govt)

Would amend Executive Branch Ethics statutes to include unpaid executive officers under code, and make changes in personnel laws relating to merit employee protection.

HB 192 -- (Lee and others)

Senator David Boswell (D - Owensboro) has filed Senate Floor Amendment 1 to HB 192, adding the perennial "cut public trees for billboard visibility" bill to a House Bill relating to transportation. The floor amendment fails to distinguish permitted from nonconforming billboards (the latter are supposed to be removed), does not allow cities to control whether trees should or shouldnot be cut within their boundaries, would allow cutting down of trees that were planted as part of highway beautification efforts, and allows public property to be destroyed in order to give the billboard industry something they have no right to under law - the right to distract the motoring public with commercial messages.

HB 216 (Wayne) (S. Judiciary)

Would require that proceeds from donated easements that are part of the Purchase of Agricultural Conservation Easements (PACE) Program be paid to donor or donor's heirs after the easement is terminated.

HB 233 + (Simpson, Gooch & Santoro) (To Governor)

Original bill would have allowed a plastic container with a barrier layer to be coded as a “1” rather than a “7” if the resin layer “is compatible with or removed from the recycling stream,” and as a “7” if it is “not compatible for the purposes of recycling.

KRC was concerned that the coding of a multi-layer bottle containing a nylon barrier layer as a "1" will have a negative effect on the plastics recycling industry.

KRC proposed alternative language that allows the coding of containers with barrier layers with the predominant resin if the manufacturer demonstrated that it had conducted the studies required by the Association for Postconsumer Plastic Recycling (APR) and had received a “compatibility letter” indicating that the container would not adversely affect the existing recycling stream. The parties approved the proposal and it was approved by the Committee as House Committee Substitute to the bill. KRC’s approach recognizes that innovation in packaging is occurring yet assures that the existing recycling framework is not disrupted by packaging that is not designed with recyclability in mind.

HB 250 (Cherry, Vincent) (To Conference)

Comprehensive reform of executive branch ethics code to include new restrictions on acceptance of awards and use of state time for certain purposes, on acceptance of donations to defense funds, and extending scope of persons covered by code.

HB 251 (Yonts) (S. State & Local Govt)

Would revise government contract review and reporting requirements, particularly with respect to higher education institutions.

HB 292 (McKee) (S. Ag NR)

Amends statutes governing agricultural districts to tighten standards for creation of an agricultural district, to provide for periodic reviews of districts of 10 acres of less, and to require compliance with conservation plans in order to receive lower agricultural tax assessment.

HB 313 + (Moberly, Pasley, Pullin)(S. Ag&NR)

Would amend net metering law to broaden availability of net metering of renewable power onto the electric grid to include wind, biomass, biogas, and hydro, as well as solar, and would establish a statewide interconnection and net metering standard. Committee substitute was approved with no dissenting vote, and increases eligible generation to 50kW from 15, and increases cumulative cap from .1 to 1%.

HB 319 + (Edmonds and Rader) (S. Rules - Consent)

Would allow for voluntary agreements between property owners and local government for demolition of dilapidated buildings.

The original bill would have allowed the property owner and county to agree on who would bear responsibility and liability for any potential environmental contamination.

Language was included at KRC’s request removing that language and replacing it with language clarifying that the parties can contract as to who would bear responsibility for disposal of the demolition wastes, asbestos and other materials, and that the disposition would be consistent with K.R.S. Chapter 224.

HB 322 (Simpson) (S. Rules - Consent)

Amends Chapter 100 regarding land use planning to provide that legislative bodies must act on proposed comprehensive plan goals and objectives within 90 days of transmittal from a planning commission or those goals and objectives are deemed adopted.

HB 330 (Horlander and others) (To Governor)

Amends open meetings law to allow notices of special meetings to be sent by email to agency members and media organizations that have requested such a method of notice rather than by fax or regular mail. Posting of written notice of special meetings is still required 24-hours before the meeting.

Bill would be improved by requiring posting of electronic notice of special meetings on the websites of those agencies in addition to posting written notice in the building, and KRC will be talking with the interested parties and the sponsor about an amendment to do so next session.

HB 406 (Moberly and others)(To Conference Committee)

KRC has provided a range of suggested revisions to the House-passed budget in order to more fully capture the costs of processing permits and authorizations, to restore general fund cuts proposed by the Governor, and other changes, and will be working to have those changes included.

HB 434 + (Damron)(S. Ag NR)

Would direct the Cabinet for Health and Family Services to establish standards for remediation of mold in private and public settings.

HB 484 + (Butler & Hoffman) (To House For Concurrence)

Would require governing board of higher education institutions to purchase Kentucky-grown agricultural products if available. Extends a purchasing preference already in effect for state agencies under Chapter 45A.

HB 486 (Simpson) (S. State & Local Govt)

Defines which entity is the “Executive Authority” for purposes of code enforcement boards.

HB 491 (Rasche and others) (S. A&R)

Would create a Water Transportation Advisory Board to advise state government on matters relating to water transportation and marketing of riverports.

HB 506 (Wilkey)(S. State & Local Govt)

Establishes rules governing annexation by a city of areas including city-owned utility infrastructure.

HB 520 + (Stumbo) (H. Rules, recommitted to H. A&R)

Counterpart of SB 166, would provide a cash payment and educational scholarship from the general fund portion of coal severance taxes, for the surviving spouse and children of any coal miner who dies as a result of a occupational accident.

HB 532 (Nesler and others)(H. Rules, Recommitted to H.A&R)

Would provide corporate income tax credits of up to $4,500 per track mile for maintenance and improvement of railroad tracks, bridges for short-line railroads, capped at 50%, and capped in any year at $1 million in the aggregate, and up to 25% for grade crossing improvements; and 1 25% credit for expenditures for expansion or upgrading of track to accommodate transportation of fossil energy resources and biomass.

Ground freight transportation accounts for a significant amount of fuel use and pollution from carbon dioxide, particulate matter and nitrogen oxide. With 85 percent of the total value and 66 percent of the total weight of US cargo carried by heavy-duty diesel freight trucking, trucks annually emit 32% of transportation NOx, 27% of transportation PM, and 18% of transportation carbon dioxide. With railroad carrying 4% of the value and 16% of the total weight of US cargo, railroad freight locomotives account for 8% of the transportation NOx, 4% of the transportation PM and 2% of the transportation CO2.

KRC will be talking with the advocates for the bill regarding the possibility of focusing tax credits instead on those investments that are not part of routine maintenance and which are of direct environmental benefit, such as investments made in new generation diesel locomotives, reductions of emissions from switch yard equipment, and other investments that could accelerate retrofitting and remanufacturing of engines to reduce PM and other pollutants, utilization of cleaner fuels, and other strategies to reduce idling and improve efficiency.

HB 576 (Collins and others)(S. Ag&NR)

Amends process for random selection of applications for permits to take wild elk.

HB 592 + (Hall and others)(H. Rules, Recommitted to H.A&R)

Bill would create a “Kentucky Worker Opportunity Credit” creating a tax credit for employers hiring regular and long-term welfare recipients; and a Kentucky Earned Income Tax Credit seeking to allow the poorest workers in the state an additional credit of 5% of the federal EITC, providing a return of $30 million to Kentucky’s poorest workers.

Bill is supported by a broad coalition of business and nonprofit organizations, and KRC is proud to support the bill.

HB 603 (Edmonds)(S. State & Local Govt)

Bill encouraging county consolidation, outlining process and providing incentives to do so.

HB 604 (Meeks)(To Senate)

Would require state agencies to report on amount of waste materials recycled.

HB 613 -- (Hall)(S. Eco Dev. Tourism & Labor)

Would establish a system to permit off-road and ATVs on public lands, including state wildlife management areas, using Fishtrap Lake as a pilot project. Motorized ORV use in wildlife management areas and certain other public lands could compromise the use of those lands for other recreation or wildlife purposes. Public and resource agency input is needed in identification of which lands would be appropriate. Additionally, when coupled with the proposed change in Senate Bill 196 to increase disproportionately the representation of motorcycle and motorized ORV users on the Recreational Trails Authority, KRC is concerned that the advocacy of use of public lands for that limited class of users will be advanced without adequate consideration of the range of other less intrusive uses.

HB 618 (Adams & McKee)(To Governor)

Would amend existing law relating to out of season killing or trapping by landowners of damage-causing wildlife.

HB 626 (Denham and others)(S. Rules - Consent)

Would amend current law relating to the Kentucky Proud agricultural promotion program.

HB 630 (Henderson)(S. Ag&NR)

Would allow conservation officers and other peace officers to assist in enforcement of ginseng laws and create licensing process for ginseng.

HB 637 (Denham & Webb)(S. AgNR)

Would restrict drug use on noncaptive wildlife and make several other changes in fish and wildlife laws addressing issuance of short-term hunting and complimentary licenses.

HB 649 (Webb-Edgington and others) (Senate - Consent)

Revises existing law concerning the notification system for prevention of damage to underground pipelines and cables from excavation

HB 675 (McKee and R. Adams) (Senate - Consent)

Would revise functions and membership of the Kentucky Agriculture Resources Development Authority.

HB 689 (Pasley and others)(S. Transp)

Would create a Kentucky Public Transportation Infrastructure Authority empowered to facilitate financing of major transportation projects and to own those projects, with the power to issue revenue bonds and impose tolls.

HB 690 (Rand) (Senate - Consent)

Would authorize creation of “natural gas acquisition authorities” to acquire supplies of natural gas for municipal utilities and contract for their sale.

HB 698 (Coursey)(S. Rules)

Would exempt from definition of coal processing, for purposes of imposition of the coal severance tax, the use of electromagnetic energy on coal to reduce moisture, ash, sulfur or mercury in the coal.

HB 717 + (Adkins, Webb)(Senate - Consent)

Would amend existing laws concerning implementation of mitigation projects using in-lieu fees paid under the Section 404 program to create local stream restoration and mitigation authorities. KRC worked with other stakeholders to revise concept and produced a committee substitute that provides for greater local input on water resource restoration and mitigation projects.

HB 765 + (Pullin) (S. Rules - Consent)

Revises current law on remediation of methamphetamine contaminated properties to provide for development of regulations on decontamination standards, sample collection, response responsibility, to clarify the types of financial assurance available; and to provide for disclosure to purchasers or lessees of the status of any property that has been used as a meth lab but not remediated under the standards of the law.

HB 767 (Adkins and others) (S. Eco Dev, Tourism & Labor)

Authorizes Kentucky Economic Development Finance Authority to award tax incentives for one pilot project involving construction of an IGCC plant with advanced carbon capture and storage with a rated capacity of 300 mW proposed by a partnership of investor-owned utilities and with funding from DOE under the FutureGen or FutureGen replacement funding program.

House Resolutions

HJR 6 (Marzian) (S. Education)

Would create study group to develop Holocaust curriculum guidance for schools.

HJR 54 + (Pasley, Moberly, and others)(S.AgNR)

Resolution encouraging U.S. Army Corps of Engineers to promote private investment in the installation of hydroelectric generating units on all existing dams within and abutting the Commonwealth of Kentucky under its jurisdiction, by developing a memorandum of agreement with other federal and state agencies for prioritization of review and action on applications to install hydroelectric generating units.

HJR 68 (McKee and others)(Senate - Consent)

Resolution would reauthorize the Kentucky Aquaculture Task Force and require an updated state plan by November 1, 2008.

HJR 81 (Moberly and others)(S. A&R)

Would provide that the mandates and directives of the 2008-10 Executive Branch Budget have the effect of law.

HR 91 (Wayne and Clark)(To Floor)

Would urge Congress to encourage EPA to establish standards for certification of conversion kits to allow use of vegetable oil for diesel engines.

HCR 93 (Webb & Osborne)(Senate - Consent)

Would reauthorize the Land Stewardship and Conservation Task Force.

HR 125 + (Pullin & Vincent) (S. Transp)

Resolution urging Congress to fund the upgrade and maintenance of locks and dams on the Ohio River.

KRC would recommend broadening the resolution to urge Congress to fully fund repair and replacement on Dam 10 on the Kentucky River and the Rochester Dam on the Green River.

HJR 153 (Overly, Pullin)(S. AgNR)

Directs the Kentucky Recreational Trails Authority to study ways to increase adventure ATV ridership and reduce ATV trespass. 

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KRC Asks Senators to Oppose Amendment Allowing Public Trees To Be Cut For Billboard Visibility

KRC Asks Senators to Oppose Amendment Allowing Public Trees To Be Cut For Billboard Visibility  Posted: March 29, 2008
March 28, 2008

Dear Senator:

I'm writing to ask that you oppose the Senate floor amendment to HB 192. The amendment would attach most of House Bill 582 – this year’s version of the bill authorizing cutting down of public right-of-way trees to assure billboard visibility. SFA 1 to HB 192:

* fails to distinguish permitted from nonconforming billboards (the latter category are supposed to be removed);

* does not allow cities to control whether trees should or should not be cut on rights-of-way of highways located in their boundaries;

* would allow the cutting down of trees and bushes that were planted as part of a highway beautification effort, in addition to volunteer trees that have grown;

* allows destruction of public property to assure the billboard industry something that by law they have no right to - the distraction of the motoring public for commercial purposes.

Thank you for your consideration of these concerns.


Tom FitzGerald 

Green Alternatives for Louisville: From Straw Bale and Natural Building to Zoning Reform and Green Politics. A Lunch and Learn Event. Please forward,

What: Green Alternatives for Louisville:

From Straw Bale and Natural Building to Zoning Reform and Green Politics - A Lunch and Learn Event

When: Thursday, March 27, Noon to 2 PM.

Who: Matt Martin of Alternative Green Solutions

Where: Adena Center at Webster University Louisville, KY Campus Directions: I-71 Exit 2, Zorn Ave. @ River Rd behind BP to the Galen Buiding, Second Floor. (Map)

Cost: Free and open to the public. Donations welcome. $5 requested for a light lunch buffet.

Please RSVP: To 502 410-2786 or communitybiz@yahoo.com

How can owners and builders successfully adopt low-cost natural building techniques such as straw bale?

What changes in state and local building and zoning law are needed to support straw bale and other natural building techniques? We'll get an up-date on the progress of these measures in the 2008 Kentucky legislative session.

What can citizens do to learn to work together for green and sustainable practices and politics in our community?

Matt Martin is the co-founder of Alternative Green Solutions, a green building and energy company, and Growing Louisville Green, a community networking project on green policy and practice.

Alternative Green Solutions is also sponsoring a series of hands-on straw bale building workshops in March and April, 2008. Participants in these workshops are eligible for continuing education credit though the Sustainability Studies program of the Adena Center at Webster University. Students enrolled in the Adena Sustainability Studies Program will get scholarship support and are eligible for a 50% discount on the course cost. www.sustainabilityeducation.blogspot.com




Sustainable Business Networks www.sustainablebusinessnetworks.blogspot.com

Adena Center www.adenacenter.blogspot.com

Interested in learning more about local sustainability? Join the conversation! Go to http://groups.google.com/group/sustainabilityeducation and sign up for regular news and discussion on how to "go green" in Louisville and beyond.

This Workshop qualifies for CEU credit for the Program in Sustainability Studies of the Adena Center at Webster University. If you would like to apply for CEU credit for this course or for the Certificate in Sustainability, please contact adena@webster.edu

More Information: www.sustainabilityeducation.blogspot.com

About the Living and Learning for Sustainability series

This event is sponsored by the Sustainable Business Networks project,(www.sustainablebusinessnetworks.blogspot.com, helping to build the Business Alliance for Local Living Economies www.livingeconomies.org.

Join us for Earth Week with Judy Wicks and the Second Annual Green and Local Business Conference, April 20 and 21, 2008!

KRC and Citizens Coal Council Challenge OSM Rule Weakening Permit Block Sanction Against Mining Law Violators

About KRC
Kentucky Resources Council, PO Box 1070, Frankfort, KY 40602 Phone [502] 875-2428
Nameless Gazette
Private Meetings
Public Forum
Coal Law Project
PO Box 1070, Frankfort, KY 40602  Phone 502.875.2428, Fax 502.875.2845

KRC and Citizens Coal Council Challenge OSM Rule Weakening Permit Block Sanction Against Mining Law Violators  Posted: March 17, 2008


Post Office Box 964
Washington, PA 15301,


Post Office Box 1070
Frankfort, KY 40602


Secretary of the Interior,
1849 C Street N.W.,
Washington DC 20240,



1. This suit challenges the December 3, 2007, final action of Dirk Kempthorne, the Secretary of the Interior (the “Secretary”), promulgating regulations pursuant to the Surface Mining Control and Reclamation Act of 1977, 30 U.S.C. §§ 1201-1328 (“SMCRA”). See 72 Fed. Reg. 68,000-31 (Dec. 3, 2007) (hereinafter “the ownership or control rulemaking”). The Secretary’s rulemaking arbitrarily and capriciously rescinded important provisions of the Secretary’s prior rules on the nature and scope of SMCRA’s “permit block” sanction, the text of which states:

The applicant shall file with his permit application a schedule listing any and all notices of violations of this chapter and any law, rule, or regulation of the United States, or of any department or agency in the United States pertaining to air or water environmental protection incurred by the applicant in connection with any surface coal mining operation during the three-year period prior to the date of application.

The schedule shall also indicate the final resolution of any such notice of violation. Where the schedule or other information available to the regulatory authorityindicates that any surface coal mining operation owned or controlled by the applicant is currently in violation of this chapter or such other laws referred to [in] this subsection, the permit shall not be issued until the applicant submits proof that such violation has been corrected or is in the process of being corrected to the satisfaction of the regulatory authority, department, or agency which has jurisdiction over such violation . . . .

30 U.S.C. § 1260(c).

2. Congress enacted the permit block sanction as part of “a nationwide program to protect society and the environment from the adverse effects of surface coal mining operations,” 30 U.S.C. § 1202(a).

3. In establishing that program, Congress meant, among other things, to “assure that the rights of surface landowners and other persons with a legal interest in the land or appurtenances thereto are fully protected from such operations,” and to “assure that surface coal mining operations are so conducted as to protect the environment,” 30 U.S.C. § 1202(b) and (d).

4. The permit block sanction advances Congress’s purposes by protecting persons who live or recreate in America’s coalfields from (a) continued damage to their interests as the result of each ongoing violation of SMCRA which affects them and (b) new or additional damage to their interests as the result of each new violation that scofflaw coal operators might otherwise commit after obtaining new or significantly revised mining permits for areas that such operators have not previously affected.

5. Over the years since SMCRA’s enactment, the Secretary and citizens of America’s coalfields have used the “permit block” sanction to compel major coal operators in the United States to reclaim lands which so-called “contract operators” abandoned after mining coal at the behest of larger companies that actually controlled the manner in which the contract operator conducted surface coal mining operations, disposed of the coal produced, or both.

6. The regulatory changes promulgated on December 3, 2007, unlawfully narrow the reach of the permit block sanction, irrationally complicate its implementation by regulators and the public, and allow permit applicants to obscure information needed to detect ongoing violations of permit applicants and properly invoke the remedy.

Jurisdiction and Venue

7. This Court has jurisdiction of this action pursuant to 30 U.S.C. § 1276(a)(1) (judicial review of national rulemaking under SMCRA), as well as 28 U.S.C. § 1331(a) (federal question) and 28 U.S.C. § 1361 (mandamus). This Court may issue a declaratory judgment and grant further relief pursuant to 30 U.S.C. § 1276(b) and 28 U.S.C. §§2201 and 2202. Plaintiffs have a right to bring this action pursuant to 30 U.S.C. § 1276(a)(1) and the Administrative Procedure Act, 5 U.S.C. §§701 to 706. Review is properly conducted pursuant to 5 U.S.C. § 701 et seq. (Administrative Procedure Act) and 30 U.S.C. § 1276(a)(1) (SMCRA).

8. Venue is properly before this Court under 28 U.S.C. § 1391(e). With respect to allegations under SMCRA, venue lies only in this Court pursuant to 30 U.S.C. § 1276(a).

9. There is a present and actual controversy between the parties to this action. Plaintiffs have exhausted their administrative remedies and have no adequate remedy at law.


10. Plaintiff Citizens Coal Council (“CCC”) is a nonprofit corporation existing under the laws of Pennsylvania. CCC is a nationwide association of grassroots citizens’ organizations and individuals who reside in or visit America’s coalfields. CCC’s mission is to protect resources, including the homes, farms, businesses, and water supplies of its individual members, through advocacy of full compliance with all environmental laws pertaining to coal mining.

11. Plaintiff Kentucky Resources Council, Inc., (“KRC”) is a nonprofit membership organization incorporated under the laws of the Commonwealth of Kentucky and dedicated to prudent use and conservation of the natural resources of the state.

12. KRC and its members have as a particular focus of their advocacy efforts the minimization of the adverse impacts of coal extraction on land, water resources and public health and safety.

13. KRC members include individuals residing in the coalfields of Kentucky in areas where coal mining occurs, or is currently planned, or may occur in future. Unless properly regulated in accordance with SMCRA, surface coal mining operations threaten to adversely affect these members property and aesthetic interests.

14. Numerous individual CCC and KRC members depend upon the permit block sanction to protect their interests – as residents of, or visitors to, America’s coalfields – from damage as the result of additional violations of SMCRA or other federal environmental statutes committed by scofflaw coal operators who own or control mines that are already in violation of environmental laws.

15. CCC, KRC, and their members suffer and will continue to suffer injury in fact as the result of the Secretary’s December 3, 2007, ownership or control rulemaking because they will be deprived of the full scope of protection that Congress intended the permit block sanction to afford to citizens and visitors to America’s coalfields, because they will be less able to invoke the permit block sanction effectively where it is warranted, and because they will be less able to detect whether applicants for permits to conduct proposed surface coal mining operations that will affect their interests are owned or controlled by scofflaw coal operators.

16. Plaintiff organizations and their members participated in the rulemaking procedures which preceded the Secretary’s promulgation of the December 3, 2007, ownership or control rules, including submission of written comments on the proposed regulations prior to the close of the comment period provided by the Secretary.

17. Plaintiffs have participated in the permitting process for individual coal mines on behalf of themselves and their members, and have provided information about the need to preserve the permit block sanction in full force and to implement it properly.

18. CCC and KRC have each invoked the permit block sanction on behalf of their members to compel scofflaw coal operators to correct numerous ongoing violations of SMCRA and other federal environmental statutes, the validity of which was no longer subject to administrative or judicial review.

19. CCC and KRC bring this action on behalf of their members as well as themselves.

20. The interests of CCC, KRC, and their members are within the zone of interests protected by the Administrative Procedure Act and SMCRA.

21. Defendant Dirk Kempthorne is the Secretary of the Interior. He resides officially in Washington, D.C. Plaintiffs sue him in his official capacity. The Secretary is responsible for implementing all statutes, regulations, and programs administered by the United States Department of the Interior and its constituent agencies.

22. The Secretary, acting through the Office of Surface Mining Reclamation and Enforcement (“OSM”), has a statutory mandate to promulgate national regulations implementing SMCRA, including regulations that implement the permit block sanction.

23. The Secretary is also charged with the responsibility of complying with the Administrative Procedure Act.


24. After a number of preliminary rulemaking efforts, OSM published on October 10, 2006, the proposed rules which led directly to the agency’s December 3, 2007, ownership or control rulemaking.

25. On December 11, 2006, prior to deadline which the Secretary established for submission of comments on the October 10, 2006, proposed rules, CCC and KRC jointly submitted comments on OSM’s proposed rule changes.

26. Among other things, CCC and KRC commented that adoption of numerous proposed rule changes would be arbitrary, capricious, or inconsistent with SMCRA, the Administrative Procedure Act, or both.

27. Despite the comments that CCC and KRC submitted, the Secretary on December 3, 2007, promulgated a final rule that adopted most of the provisions that CCC and KRC opposed.

Claims for Relief

Count I

28. Plaintiffs reassert and reallege Paragraphs 1 through 27 of this complaint. The Secretary’s December 3, 2007, ownership or control rulemaking violates SMCRA and the Administrative Procedure Act in numerous respects, including but not limited to the following:

a. the Secretary failed to place in the public record of the ownership or control rulemaking various documents pertaining to his settlement of prior litigation with the National Mining Association (“NMA”), including the settlement agreements themselves, every draft of the agreements, every item of correspondence relating to the settlement, and every note or memorandum of communications relating to the settlement, even though the settlement triggered and governed the rulemaking proceedings which culminated in the December 3, 2007, final rule;

b. the Secretary did not, after first supplementing the public record as requested, reopen the comment period to solicit further comments regarding any “actual basis” for the rulemaking and any prejudgment of its outcome;

c. the Secretary’s deletion from the regulatory definition of “control or controller” of specific examples of that status, such as general partners in a partnership and persons who have the ability to commit financial or real property assets contravenes the requirements of 30 U.S.C. § 1260(c) and contradicts his previous interpretation of the term without establishing a rational basis for the change;

d. the Secretary’s rescission of the requirement that regulatory authorities recognize as “owners” all persons (other than “owners of record”) “possessing or controlling” in excess of 50 percent of an entity’s ownership instruments contravenes the requirements of 30 U.S.C. § 1260(c) and contradicts his previous interpretation of the term without establishing a rational basis for the change;

e. the Secretary’s limitation of a regulatory authority's “downstream” reach under the definition of “own, owner, or ownership”(i) rests upon an error of statutory and regulatory interpretation, (ii) lacks any factual basis or reasoned analysis, (iii) contradicts the Secretary’s earlier interpretation of 30 U.S.C. § 1260(c) without presenting any new information or occurrence that might justify or support the proposed change, and (iv) betrays rather than implements the remedial purpose that underlies the statutory mandate to withhold new or significantly revised mining permits from applicants who own entities that are responsible for uncorrected regulatory violations;

f. the Secretary’s redefinition of the term “transfer, assignment, or sale of permit rights” to exclude changes in “effective control” of an existing permittee, and to include only a change in the entity which actually holds a particular mining permit, unlawfully renders regulatory authorities powerless to invoke the permit block sanction to prevent a scofflaw coal operator from obtaining permit rights from others and then continuing to conduct surface coal mining operations while the scofflaw operator’s ongoing violations of SMCRA or other environmental laws go unremedied;

g. the Secretary’s rescission of the requirement that permit applicants identify each of their owners and controllers unlawfully abrogates each permit applicant’s duty to provide information necessary to effective implementation of the permit block sanction, and thus unlawfully sacrifices the agency’s effective implementation of 30 U.S.C. § 1260(c) for the improper purpose of making the regulated community’s workload a bit lighter;

h. the Secretary’s removal from several regulations of provisions that require posting on the Internet of information regarding implementation of SMCRA’s ownership or control provisions unlawfully contradicts his previous determination of the need for such provisions without establishing a rational basis for the change;

i. the Secretary’s amendment of 30 U.S.C. § 774.11 to “clarify” when OSM may actually use ownership or control findings to impose the permit block sanction unlawfully creates an automatic stay of agency action pending administrative review, in direct conflict with the provisions of 30 U.S.C. §§ 1264(d), 1275(c), and their state law counterparts, all of which authorize temporary relief from the action of SMCRA regulatory authorities pending administrative review only upon the challenging party’s satisfaction of three specific criteria for such relief;

j. the Secretary’s rescission of the requirement that each permit applicant identify the person or persons responsible for filing Form OSM-1 for a proposed surface coal mining operation contradicts his previous regulation on the issue without establishing a rational basis for the change; and

k. the Secretary’s rescission of the requirement that regulatory authorities refer certain matters for so-called “alternative enforcement action”conflicts with the statutory mandate that the Secretary acknowledged when he first established that requirement, without any showing of a rational basis for the proposed rescission.

Count Two

29. CCC and KRC reassert and reallege Paragraphs 1 through 28 of this complaint.

30. The Secretary failed to address adequately or to respond to significant problems or matters that were raised in comments made on the proposed rules.

Prayer for Relief

CCC and KRC respectfully request that this Court:

A. Declare that the portions of the December 3, 2007, ownership or control rulemaking identified in Paragraph 28 of this complaint violate SMCRA;

B. Declare that the portions of the December 3, 2007, ownership or control rulemaking identified in Paragraph 28 of this complaint are arbitrary, capricious, an abuse of discretion, or otherwise inconsistent with law, in violation of the Administrative Procedure Act;

C. Enter an order expressly vacating the portions of the December 3, 2007, ownership or control rulemaking identified in Paragraph 28 of this complaint;

D. Enjoin the Secretary and those acting under his authority from implementing the portions of the December 3, 2007, ownership or control rulemaking identified in Paragraph 28 of this complaint in any manner, including but not limited to approval of any state program amendment that which would implement any of the unlawful regulatory changes identified in Paragraph 28 of this complaint;

E. Enter an order compelling the Secretary to review all approved state regulatory programs under SMCRA and to require any change necessary in each program to ensure that the state regulatory authority will implement the permit block sanction consistently with the Secretary’s regulations as they stand following the requested vacatur of the unlawful portions of the December 3, 2007, ownership or control rulemaking;

F. Award Plaintiffs their costs, disbursements, and reasonable attorneys' fees; and

G. Grant such other relief as the Court deems just and appropriate.

Respectfully submitted,
James Dougherty
D.C. Bar No. 939538
709 3rd Street SW
Washington, D.C. 20004
(202) 488-1140 

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LSF Louisville Sustainability Forum Updates

LSF Louisville Sustainability Forum 
Sponsored by Heine Brothers' Coffee, Earth & Spirit Center, Howard Mason, and Jan Pfeifer 

April ?
12 noon to 1:45 pm

Join us at the Barn behind St. Agnes Church and the Passionist Monastery, 1924 Newburg Rd. 

Park in the St. Agnes Church lot and walk behind the church to the barn.

Please be mindful that the Barn is used for a meditation class just before the meeting 
and is open for LSF use only after 11:30am.

The program for April is yet to be confirmed           
You are invited to bring your lunch, and/or bring (any amount of) food to share with others:  fruit, bagels, veggies, crackers, cheese & spreads for snacking.  Heine Brothers will provide coffee.

Still seeking 5 minute presenters, greeters, food, set up, & clean up help

The purpose of the Louisville Sustainability Forum 
 1.  We hold and promote the intention of sustainability for Louisville. 
 2.  We establish and nourish relationships that strengthen community and create change. 
 3   We create a space for discussion that inspires, motivates and deepens our ability to catalyze social change. 

LSF Louisville Sustainability Forum Updates

If you have an update to share with the 
LSF mailing list or wish to be added to 
the LSF mailing list please email 
Doug Lowry

1) Sustainable Clifton Social Group-Meet Eat and Socialize
    Sunday March 16 6-7:30

2) Building a Sustainable Presence in Local Politics- Pland and Take Political Action 
    Meeting again Tuesday March 18 7:30-8:30 am 

3) Stream Saver Bill Update from KFTC- Thank those legislators who acted in support

4)  Investing in Sustainable Food Systems Worldwide- Give Input in Global Investing

5) Sustainable Urban Forests- Complete Survey for Organization Represenatives

1) Sustainable Clifton Social Group
Our potluck will be 6-7:30 pm this Sunday March 16 at the Clifton Center (right 
after the ecological group meeting in the same place). It's on Clifton between 
Payne and Frankfort, behind Caffe Classico.  We'll chat and eat and discuss some 
of our ideas for creating a more social neighborhood.

Please bring any and all ideas, and some friends and family, too, enough food 
for your party + three. We'll talk about what we like, what we'd like to change, 
and what groups of people you feel like you want to connect with but don't know 
how. We'll discuss the Social aspect ties in with the rest of Sustainable 
Clifton/ Gaia Education activities. We'll finish at 7:30 on the dot.

For those who can't make it, it would be great if you sent along your ideas by 
e-mail so we can make sure they're not left out. We'll move the meeting days and 
times around so that everyone has a chance to participate.


2. Building a Sustainable Presence in Local Politics

Meeting again Tuesday March 18 7:30-8:30 am
Heine Bros Eastern Pkway at Bardstown Road
Please join us and or indicate your interest by email.

We are working to connect with folks who touch sustainability from any number of portals.Our goal is to build a consistent sustainability presence in local politics. Who you know know who that would help represent this key interest area and help network with others who want to impact Louisville Metro Council members and the Jefferson County Legislative Delegation in particular, but other elected officials and other public policy arenas as well?

We are looking at vetting candidates for the upcoming primaries and offering a green view of those running for office. A first step is to develop a candidate response form based on issues important to Jefferson County residents.  We need your input. If you have members you know who might help us work toward consistent cohesive political action on behalf of sustainability, please forward this email and invite them to attend Tuesday March 18 at 7:30 a.m. or email to
googlemeplease@aol.com or tecoyah@gmail.com for more information.

Also looking for liaisons in each Metro Council District as well as Jefferson County House and Senate members. Who can call email visit or write consistently regarding sustainabilty issues or help vet candidates? 

Doug Lowry