Environmental groups and the state are close to an agreement which would settle a two-year long suit against ICG Coal for alleged Clean Water Act violations.
The Energy and Environment Cabinet and the environmental groups have each filed a status report in Franklin Circuit Court indicating the three sides “have reached an agreement in principle” that could also resolve the environmental groups’ claims against ICG in a separate federal court action.
But the two status reports and one filed by Frasure Creek Mining indicate the parties are not close to an agreement in a companion case against Frasure Creek. That company’s report indicates the company is restructuring and seeking to liquidate its Kentucky assets, including equipment and mine properties.
“We’re just dotting the I’s and crossing the T’s,” said Doug Doerffeld, one of the negotiators for the environmental groups and a member of Kentuckians for the Commonwealth. He said he couldn’t share details of the proposal until it’s final. “But we’re really optimistic we will be able to reach a settlement with ICG. We’re not nearly as optimistic about Frasure Creek,” Doerffeld said.
Details of the ICG agreement must still be ironed out, but a few provisions are revealed in the cabinet’s status report, including a Supplemental Environmental Project or SEP in lieu of civil penalties against ICG.
For the full story, read the Sept. 21 print or e-Edition of the Glasgow Daily Times.