Environmental groups won another preliminary round in their ongoing fight to force the Cabinet for Energy and Environment to extract stiffer penalties from a coal company that violated the Clean Water Act.
Franklin Circuit Judge Phillip Shepherd this week ruled the environmental groups properly filed a motion seeking to vacate an agreed order between the cabinet and Frasure Creek Mining. The ruling allows the environmental groups to proceed with their argument the agreed order should be vacated.
The cabinet had maintained the environmental groups failed to properly file their motion because they didn’t name the mining company in the motion and thereby created a lack of jurisdiction.
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