The EPA has missed its deadline to approve or reject state implementation program proposals. The proposals outline how various regions in the commonwealth will reduce particulate pollution released by power plants, cars and other sources. KEF director Elizabeth Crowe says by missing deadlines, the EPA has allowed the air to remain polluted, and her organization has filed a notice of intent to sue the EPA over the issue.

“That is just a way to, in this case, let the EPA know that we’re watching and that we want them to go ahead and take this action,” she says.  “The result of having the EPA approve or disapprove a state implementation plan could be the difference between real action on air quality that could have a real impact on our health.”

Members of the Kentucky Division for Air Quality say the EPA is considering a rule change that could put tighter restrictions on emissions and require the delayed proposals to be revised.

The KEF isn’t the only organization that’s frustrated with the time it takes the EPA to make decisions. Kentucky’s two U.S. Senators have recently supported legislation aimed at giving the agency a time limit to rule on mining permits.

Businessman Phil Moffett calls the procedure ‘mountaintop development,’ and says it creates flat land that can be used for commercial purposes. State Senate President David Williams says he will stand up to federal environmental regulators who may attempt to restrict mountaintop removal. And Jefferson County Clerk Bobbie Holsclaw says she would appoint a commission to look at the future of coal.

Moffett, Williams and Holsclaw made their comments to the Associated Press.

From Bloomberg:

The lawsuit was filed in U.S. District Court in Kentucky by Sandy Travis of Dixon and Melissa Carter of Hanson, whose husbands died in the April 28, 2010, collapse. They also filed claims with the federal Mine Safety and Health Administration seeking $9 million each for personal injury and wrongful death.

Travis is seeking up to $5 million in punitive damages in the lawsuit, while Carter, who is also suing on behalf of the couple’s minor son, is asking for up to $10 million in punitive damages. Both are also asking for an undisclosed amount in compensatory awards.

“We’re excited to have Erica coming on board,” says WFPL News Director Gabe Bullard. “The environment is one of the most pressing issues of our time. With her experience covering the coal industry, government and numerous important topics, Erica will be a valuable addition to our expanding newsroom and to our community.”

A reporter and producer at West Virginia Public Broadcasting since 2008, Peterson has covered the environment and energy issues, as well as state government. Her work has aired on NPR’s All Things Considered, as well as Public Radio International’s Living on Earth and WNYC’s The Takeaway. A collaborative series about a massive fish kill in West Virginia was selected by the West Virginia Associated Press Broadcaster’s Association as the best ongoing coverage in the state in 2009.

Her work has been cited by numerous blogs, including NPR’s The Two-Way, PBS News Hour’s The Rundown, The Society of Environmental Journalists’ Headlines, the University of Kentucky’s The Rural Blog and the Charleston Gazette’s Coal Tattoo.

Former Massey Energy foreman Thomas Harrah’s plea agreement includes the admission that he faked his foreman’s credentials while working at Upper Big Branch, then lied to federal agents about it.

From NPR:

Harrah left Upper Big Branch seven months before the April 2010 explosion that killed 29 Massey mine workers. But U.S. Attorney Booth Goodwin says the charges are “directed at preventing a similar tragedy from happening again.”

Mine foremen are responsible for conducting safety inspections before and during production shifts underground that are supposed to catch problems that could put lives at risk. Harrah failed the examination that would have certified him as a properly trained foreman.

In the plea agreement, Harrah admits to falsely blaming an unnamed official from Massey Energy for helping to fake his foreman’s certification.

“He left [Massey Energy] before we could terminate his employment, which we intended to do,” says Shane Harvey, the company’s vice president and general counsel. “We have no tolerance for such behavior and are thankful that no one was hurt as a result of Mr. Harrah’s conduct.”

Harrah faces as much as ten years in prison when he is sentenced August 11.

Investigators have also accused a security officer from Upper Big Branch of lying to federal investigators and attempting to hide evidence. The man has pleaded not guilty.

The Lexington Herald-Leader reports that in Harlan and Floyd counties, members of the group Kentuckians for the Commonwealth showed Beshear streams and homes damaged by surface mining. The Governor also listened to residents opposed to mountaintop removal and to specific surface mining permits that have been filed with the state.

Beshear said he would consider the comments of residents regarding approval of the permits but made no commitments.

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The cranes landed Tuesday in Union County, on their first migration from Wisconsin to Florida. Liz Condie, a member of Operation Migration traveling with the young birds, says they were scheduled to take off Wednesday, but they decided to stay put.

“We’re stuck on the ground. Everybody in this area will know that we got pelted with lots of rain. We obviously can’t migrate with the birds in this kind of weather,” Condie said.

These cranes are among fewer than one hundred in eastern North America. The guided migration is part of a coordinated effort between Operation Migration the U.S. Fish and Wildlife Service and several other agencies to ensure the survival of the species.

Their next stop is Marshall County.

The Indian Head Rock is back home in Kentucky. The eight ton boulder was pulled from the Ohio River in northeastern Kentucky three years ago, starting a saga that caught national attention, and, occasionally, bordered on the comical.

“There was a group of fellas from over in the Portsmouth area who just took it upon themselves to dig this thing, they’ve studied about it and got it out of the river. Made a big deal about it and come to find out it’s an artifact and it shouldn’t have been removed to start with,” said Greenup County, Kentucky Judge-Executive Robert Carpenter.

The Ohio men who led the expedition to remove the rock were Steven Shaffer and David Vetter. The Commonwealth of Kentucky sued, and an agreement was eventually reached to return the Indian Head Rock to the other side of the river in Greenup County.

“I think it could be a great tourist attraction,” Carpenter said. “It’s very neat to look at it. I’ve went and looked at it a couple times, and it’s got a lot of interesting things to look at.”

Carpenter says the rock won’t be placed back in the river. He plans to appoint a committee next week to decide on a permanent location.

(Photo from the New York Times)
(By Brenna Angel, Kentucky Public Radio)

The department filed a lawsuit today, seeking to close Massey subsidiary Freedom Energy’s Mine number 1 in Pike County until the company corrects the violations. The lawsuit charges Massey with failing to prevent roof collapses, effectively ventilate the mine, and clean up coal dust and other combustible material.

The lawsuit is the latest setback for the Richmond, VA-based Massey. The company faces criminal and civil investigations over the death of 29 miners in an April explosion at its Upper Big Branch mine in West Virginia.

Company spokesperson Jeff Gillenwater says Massey is committed to running the Kentucky mine safely.