2019 Annual Report of the Kentucky Resources Council

KENTUCKY RESOURCES COUNCIL CALENDAR YEAR 2019

ANNUAL REPORT 35 YEARS OF ENVIRONMENTAL DEFENSE 2019 marks our 35th year of working tirelessly to protect those who live downwind, downhill, and downstream, and who bear the brunt of environmental injustices.

Whether the problem is an unreclaimed mine haul road or demanding accountability for illegal disposal of oil field radioactive wastes, fighting efforts to weaken water pollution standards on the Ohio River, or reforming oil and gas laws to better protect landowners and water supplies, we at the Kentucky Resources Council are always ready to take on environmental injustice and to work with our partners across the Commonwealth to improve the health of our communities and environment.

Together, we can continue to protect our Commonwealth and ensure a healthier, safer, more just tomorrow.

$825,000+

We provided over $825,000.00 worth of legal assistance that defended Kentucky against an array of environmental issues, despite keeping expenses for our defense program to $175, 258.37.

30+

Before the end of 2019, the KRC Defense Team took on over 30 new legal cases and issues, pro-bono, fighting a multitude of environmental injustices across the Commonwealth.

21 Provided litigation assistance for 21 counties in Kentucky.

"To all the good folks at KRC – Fairness would not exist for many without your hard work and exceptional counsel. Thanks for what you’ve done for us in the past and for those who you are helping now and in the future."

-Roberta H., Richmond

ENVIRONMENTAL & COMMUNITY DEFENSE KRC believes that we, the people, deserve to be able to trust the water that comes out of our faucets and the quality of air we breathe, and that the lands on which we live, farm, and work should be free from pollution.

Some of our 2019 accomplishments: Prevailed in 8-year litigation over the 2010 Lands Unsuitable Petition, which was filed to protect historic coal towns of Benham and Lynch from strip mining and to protect their water supply. KRC refiled the LUM Petition, which is pending before the Energy and Environment Cabinet (Cabinet).

Drafted a transfer station siting ordinance for Scott County. Adopted in June 2019.

Drafted comments in opposition to issuance of a noncoal permit expanding a limestone underground mining operation in the Boonesboro area.

Crafted language to retain Pollution Control Standards of the Ohio River Valley Water Sanitation Commission (ORSANCO) and to address non-enforcement of those standards by two Compact states. The language was approved by the full Commission at the June 2019 meeting.

Represented Tresa Bridges in her efforts to bring an auto recycling/scrap yard into compliance with Clark County zoning laws.

Co-counsel in Mayhorn v. Energy and Environment Cabinet and Blaze Enterprises, challenging the issuance of a permit for a less-than-one-acre construction demolition debris landfill in Powell County, Kentucky.

86 known less-than-one-acre CD&D landfills are being approved with minimal permit review. This challenge could have a precedential effect on the way the Cabinet reviews and approves such landfills. KRC drafted an amended petition framing the issues of the lack of proper permit review for less-than-one-acre CD&D landfills. The case is on hold pending resolution of a challenge to the local waste ordinance; KRC is co-counsel in that case too.

Represented Metropolitan Housing Coalition in PSC proceedings on LGE/KU rate case, and litigation in Circuit Court and Court of Appeals concerning the denial of intervention to low-income advocates. The case has significant ramifications for judicial review of intervention decisions by the Public Service Commission. Participated in negotiation resolving most of the issues, resulting in companies receiving only 47% of rate increases requested.

Represented Concerned Citizens of Estill County in administrative litigation over Cabinet decision to allow unlawfully disposed-of oilfield radioactive waste to remain in solid waste landfill. KRC secondchairs the litigation with the Appalachian Citizens Law Center. A settlement providing additional protections and long-term care of the site after closure has been agreed to in principle.

"I look forward to the 35th Anniversary...

No one has ever worked so hard for so long, I believe."

-Winnie H., Louisville Represented the Justice and Hatfield families in administrative litigation over the release of a strip mine performance bond and the failure to reclaim a haul road crossing their properties. Settlement discussions will result in the reclamation of the road from prior mining operations.Continued to represent the Bailey family in seeking to have pre-law mining damage to their property repaired by the state.

Assisted four individuals in restoring phone service after AT&T let the phone lines deteriorate for their customers, once they achieved deregulation.

Represented Scott County in the challenge to local landfill causing significant odor and nuisance conditions.

KRC is advising the Fiscal Court and second-chairing potential litigation along with the County Attorney.

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Drafted proposed revisions to Trimble County Zoning Ordinance in response to concerns from Fiscal Court regarding restrictions on residential land use, and also to help strengthen existing zoning controls over the land application of sludges and wastewaters. Revisions were largely accepted by Planning Commission, and will go to final vote and to Fiscal Court for review in October 2019.

Assisted in briefing Biddle and Potts v. PSC et al., in which Plaintiffs are challenging the determination of the Public Service Commission to deny intervention to two landowners whose properties abut a proposed cell tower site. Procedural irregularities in the case highlight the failure of the current PSC to follow its own regulations and to apply them in a coherent, consistent manner.

Drafted a memorandum for use by the Solid Waste Board of Marshall County, regarding whether that 109 Board (an entity that oversees solid-waste management) had the authority to adopt a regulation requiring landfills operating in the County to have a current and valid host agreement with the host county. The Marshall County Fiscal Court approved a host community agreement with the local private landfill that will provide additional protections for the host community.

Represented Friends of Sloans Valley in litigation over strip mining permit that could affect Sloans Valley cave system and Lake Cumberland headwaters. Filed new appeal of reissuance of the challenged permit.

CENTER FOR ENVIRONMENTAL POLICY Often, Kentucky's environmental challenges can be addressed through development of smart, responsible policies and measures that create safer communities. In 2019, we provided consultation on amendments to the DanvilleBoyle County Planning and Zoning Commission policy to revise a conditional-use permit process for new or repurposed pipelines carrying hazardous liquids. The amendments were unanimously passed by Danville's Planning and Zoning Commission in August and are expected to be adopted by local governments, making Danville and Boyle County the second community in the country to exercise local zoning controls over siting and conversion of hazardous liquids pipelines.

During the spring legislative session, our policy team provided guidance and editorial support for a number of proposed bills. We are pleased to report that five of the bills on which we assisted became law. Among the bills that KRC provided text and editing were a bill increasing bonds and penalties for oil and gas operations; a bill outlining how a city can provide remediation of meth-contaminated properties; a bill providing local notice of violations at landfills having off-site impacts; and a bill broadening out the definition of who is an "executive branch lobbyist."

KRC assisted in the successful opposition to several bills as well, including one allowing for inflated valuation on acquired municipal water systems; a bill to eliminate mandatory fluoridation of water systems; and a bill that would have changed venue from Franklin Circuit Court at request of state defendants.

KRC opposed Senate Bill 100, utility-sponsored legislation gutting net metering of electricity, and though the bill passed, KRC and our allies were able to secure revisions to language grandfathering existing net metering customers.

In fall 2019, we began publishing periodic scholarly articles focusing on environmental and energy policy issues that we are currently facing in the state. This new initiative increases the original research and comprehensive education KRC provides to Kentucky's citizens.

03

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Scholarly articles researched, written, and published by the Center for Environmental Policy team since its launch in August.

8

During the 2019 spring legislative session, KRC published 8 legislative updates tracking over 100 bills introduced in the 2019 Kentucky legislative session, including a final summary edition.

KENTUCKY ENVIRONMENTAL LEADERSHIP INSTITUTE This year, KRC'S Board approved the creation of the Kentucky Environmental Leadership Institute. The Institute will have two tracks: one, providing education and training for legal professionals to ensure the next generation of litigators are equipped with the resources to handle the toughest of environmental cases and to broaden the base of current practitioners who are willing and equipped to take on environmental cases. The other is to provide education to empower citizens to better and more effectively advocate for the health and vitality of their communities. During 2019 we published surveys to gather data from our prospective audience. Now, we are in the development stage and look forward to launching our first program offerings in early 2020.

"Congratulations on 35 years of fine work on behalf of Mother Earth, especially our bit of Eden here in Kentucky. We know you've had to call on strong salmon medicine and swim upstream for much of that time. What courage, persistence, and caring you have shown, to stick with us through thick and thin, Tom. We love you for that."

-Laura M., Berea

FINANCES - FISCAL YEAR 2019 PROGRAM ENVIRONMENTAL & COMMUNITY DEFENSE

EXPENSE $175,258.37

PERCENT 57%

Funding for our Defense program made it possible to hire attorneys, expert witnesses, access legal research, provide legal insurance, and pay for expenses like filing fees, copies, and training.

CENTER FOR ENVIRONMENTAL POLICY

$62,988.66

20.5%

Funding for our Policy program made it possible to hire policy researchers and writers, carry out lobbying actions, produce copies, and publish bill analysis.

OVERHEAD $41,953.41 13.5% In fiscal year 2019, we had the funding to provide administrative support for the organization. This included the hiring of an Office Manager, keeping the lights on, paying payroll taxes for employees, and paying for memberships to the Center for Nonprofit Excellence and Kentucky Nonprofit Network.

OUTREACH & DEVELOPMENT

$27,785.43

9%

We hired an intern, celebrated KRC's 35th year, produced a professional video detailing KRC's successes, published new brochures, conducted two mailing campaigns, attended numerous community events, and completed a comprehensive re-design of our website.

"We cannot imagine what the beautiful state of Kentucky would be like without the efforts of KRC to protect and preserve all that makes it such a beautiful place to live.

Thank you for ALL you do for so many!"

-Bob & Deb P., Frankfort 04