News from the South - Kentucky News Feed
SB 89’s flood of harm to Kentuckians would go far beyond what its backers claim
SB 89’s flood of harm to Kentuckians would go far beyond what its backers claim
by Tom FitzGerald, Kentucky Lantern
March 7, 2025
Senate Bill 89, pending in the House Natural Resources and Energy Committee, would narrow the protections for Kentucky’s surface and ground waters, undoing 75 years of state safeguards for “rivers, streams, creeks, lakes, ponds, impounding reservoirs, springs, wells, marshes, and all other bodies of surface or underground water, natural or artificial.”
Responding to the public outcry against this draconian assault on clean waters, supporters of the bill are claiming that its narrowing of “waters of the Commonwealth” to mirror the U.S. Clean Water Act definition doesn’t remove protections for groundwater or threaten water quality of our rivers, lakes and streams. They say that all SB Bill 89 intends is to align the Kentucky surface water permit program with the federal Clean Water Act regarding which discharges need to obtain discharge permits.
If the proponents’ claim were true, there would be no need for the bill at all. For existing Kentucky Division of Water regulation, 401 KAR 5:045 Section 4(4), already excludes from the requirement to obtain a pollutant discharge elimination permit “a discharge that is not regulated by the U.S. [Environmental Protection Agency] under the Clean Water Act Section 402, 33 U.S.C. 1342.”
The harmful effects of SB 89 are far greater than what its supporters acknowledge. Narrowing the definition of “waters of the Commonwealth” will do grave damage to Kentucky’s land, water and people, far beyond just syncing state and federal discharge permit requirements. That’s because the definition of “waters of the Commonwealth” is the key to many other protections of surface and groundwaters, as well as waste management programs. Redefining the scope of protections causes harm far beyond the stated intent.
Proponents claim that groundwater will still be protected by other provisions of state and federal law, yet it is in Kentucky Revised Statutes Chapter 224 — the chapter that expressly prohibits water pollution — where SB 89 changes the definition of waters of the commonwealth and removes the pollution prohibitions for groundwater.
Other state laws do not clearly prohibit pollution of Kentucky’s groundwater, the source of water for over 1.5 million Kentuckians through 185 public water systems, and over 416,000 from private water wells and springs.
The Safe Drinking Water Act sets drinking water standards only for public water systems and does not protect groundwater quality for the hundreds of thousands of private domestic and agricultural wells in Kentucky. Ironically, Kentucky regulators would still require water well drillers meet standards for the wells that are drilled but would lose all ability to protect the groundwater that would come through those private wells.
And while the Safe Drinking Water Act would still require that the public water systems meet standards for the water they sell, their raw water treatment costs would rise as groundwaters lose protection and become susceptible to more contamination.
The Underground Injection Control program, which requires wells injecting wastes and wastewaters to seal off “underground sources of drinking water,” doesn’t protect all groundwater, but instead is limited to protecting groundwater usable for drinking rather than other domestic and agricultural uses. Nor does that law regulate all pollution of groundwater, just injections of wastewater through wells.
Wellhead protection areas don’t apply to private wells. Industry is floating an amendment to SB 89 to re-include public water wells and cave and karst features. This amendment would still leave most private water wells and much of the groundwater resources of Kentucky at risk of contamination.
It is undeniable that SB 89 will increase compliance costs for industries, cities and businesses that hold discharge permits downstream, since “ephemeral streams,” the upper reaches of stream systems that carry rainwater and snowmelt into Kentucky’s rivers and lakes, would lose protection. Contamination of stream headwaters would no longer be limited or prohibited, lowering downstream water quality and raising treatment costs due to tighter pollutant discharge limits for other dischargers.
It is also undeniable that SB 89 would put the water resources of many farms in Kentucky at greater risk. Pollution affecting off-stream constructed lakes, water storage reservoirs and farm, irrigation, and stock watering ponds would become unregulated, since those are now protected waters of the commonwealth but not protected under federal law. And the thousands of private water wells used by farmers for agricultural purposes would be at risk because the groundwater they use would no longer be a water resource clearly entitled to protection against pollution.
SB 89 would substantially weaken the regulation of waste disposal and remove protections for groundwater in hazardous substances spills and resulting cleanups.
KY Senate approves bill removing state protections for wetlands, groundwater, small streams
Kentucky law controls and requires cleanup of spills and releases of hazardous substances, pollutants and contaminants into the “environment,” a term defined to include “waters of the commonwealth.” If the “environment” no longer includes groundwater or headwater streams under Kentucky law, then contamination of either will no longer trigger reporting, action or cleanup.
Similarly, the location and operation of landfills require meeting environmental performance standards that prohibit discharges to “waters of the commonwealth.” If headwater streams are no longer waters of the commonwealth for the purposes of the solid waste laws, then discharges of leachate, the garbage juice from landfills, would no longer be prohibited and downstream reaches of the streams would become more polluted. If groundwater is no longer a protected water of the commonwealth, then those waste rules that currently protect groundwater from pollution as a water of the commonwealth will no longer be able to rest on that authority. Nor will pollution of groundwater be a violation since that resource would no longer be protected.
If the “environment” no longer includes groundwater as a “water of the commonwealth” under SB 89, the contamination of groundwater from a hazardous release would no longer be a consideration in whether remedial action is needed, or in determining whether a cleanup of the spill or release is protective. Groundwater is a significant pathway of exposure to hazardous pollution, and if it is no longer a protected resource as a “water of the commonwealth,” then preventing or remedying pollution to groundwater is no longer an end goal of Kentucky waste management laws.
Downstream flooding, which has caused so much loss and tragedy for our brothers and sisters in Eastern Kentucky, would be worsened if the cabinet is prevented from controlling dumping of wastes into and destruction of headwater stream reaches by mining, since sediment loading and increased runoff rates may worsen flooding.
Current regulations impose requirements for siting, liners, leachate collection and monitoring, all intended to protect groundwater and other groundwater users from pollution. Removing all groundwater resources from the pollution prohibition by limiting those “waters of the commonwealth” required to be protected, will mean that contamination affecting groundwater will be able to contaminate groundwater without responsibility.
Finally, downstream flooding, which has caused so much loss and tragedy for our brothers and sisters in Eastern Kentucky, would be worsened if the cabinet is prevented from controlling dumping of wastes into and destruction of headwater stream reaches by mining, since sediment loading and increased runoff rates may worsen flooding.
If the intent really is just to sync state discharge permits to the federal permits under the Clean Water Act, and if the General Assembly believes that such a provision should be put into statute even though it is already in the agency regulations, it can narrowly amend KRS 224.16-050, which specifically addresses the issuance of such permits by the cabinet under the Clean Water Act, rather than the “waters of the commonwealth” definition that applies to many other activities beyond surface water pollutant discharge permitting.
SB 89 will not bring “regulatory certainty” to pollution dischargers in Kentucky. By tying protected Kentucky waters to an ever-changing, politically charged federal definition of what surface waters are in or out of protection, each discharge in Kentucky would have to be evaluated on a stream-by-stream, case-by-case basis to determine whether the water meets the federal definition and will be protected in Kentucky. These “jurisdictional determinations” are resource intensive and subject to disputation, resulting in delayed permits and increased litigation and uncertainty for business, industries and cities.
Kentucky’s rivers and streams all begin with headwaters — the upper reaches of stream systems that flow only part of the year, but which are critical for trapping floodwaters, filtering pollutants and supporting aquatic ecosystems.
We all live downstream, and Kentuckians deserve clean water for drinking, for irrigation, and recreation, for fishing, and for industries and businesses.
Despite efforts to muddy the waters on the reach and negative impacts of SB 89, we can clearly see to the bottom of the proposal, and the damage that it will cause to our commonwealth, our economy, our people and our land and water resources is crystal clear. Now is no time for Kentucky’s General Assembly to retreat from our 75-year commitment to safeguarding and protecting all of Kentucky’s waters from pollution.
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Kentucky Lantern is part of States Newsroom, a nonprofit news network supported by grants and a coalition of donors as a 501c(3) public charity. Kentucky Lantern maintains editorial independence. Contact Editor Jamie Lucke for questions: info@kentuckylantern.com.
The post SB 89’s flood of harm to Kentuckians would go far beyond what its backers claim appeared first on kentuckylantern.com
News from the South - Kentucky News Feed
Jefferson Animal Hospital expands services in Okolona
SUMMARY: Jefferson Animal Hospital in Okolona, Kentucky, is expanding its facility and services, doubling in size to include an ICU, dual surgery suites, and a pet blood bank donation center. Founded in 1978 by Dr. Patricia Kennedy, the hospital evolved from a three-bedroom house to a 24/7 state-of-the-art veterinary center, the first in Kentucky to offer round-the-clock care. Despite early challenges as a female vet, Dr. Kennedy persevered, creating a vital resource for pets, including helping police dogs and abuse cases. The expansion aims to enhance care for family pets and the community, with support from local officials and longtime staff.
Jefferson Animal Hospital expands services in Okolona
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News from the South - Kentucky News Feed
UPDATE: KSP releases details of fatal church shooting investigation
SUMMARY: Kentucky State Police (KSP) are investigating two related shooting incidents in Fayette County on July 13, 2025. The first occurred during a traffic stop near Bluegrass Airport when suspect Guy House, 47, shot a KSP trooper, causing serious injuries. House, who had active warrants, fled and stole a vehicle. The second shooting happened about an hour later at Richmond Road Baptist Church, where House shot four people before being fatally wounded by Lexington Police officers. Two victims died at the scene, while two others are critically injured. The investigation is ongoing.
The post UPDATE: KSP releases details of fatal church shooting investigation appeared first on www.wnky.com
News from the South - Kentucky News Feed
Why US should not abandon its debt to Appalachia
by Jim Branscome, Kentucky Lantern
July 14, 2025
The Trump administration’s proposal to slash Appalachian Regional Commission funding by 93% — from over $200 million to just $14 million — threatens to dismantle one of the last federal bridges to the region. This drastic cut comes at a moment when, despite significant progress, the coalfields and rural counties of Appalachia remain mired in persistent economic distress.
The urgency of this threat is real: The future of ARC, and the future of Appalachia itself, hang in the balance.
For the first time since the coal and timber barons, the railroads, and low-wage furniture and textile factories invaded the region in the late 19th century, Appalachia is in a position to control its future. That future will require more visionary thinking than ARC has demonstrated since its birth in 1965, but the agency is needed to implement new ways of development.
The 1964 President’s ARC Report, commissioned by President John F. Kennedy and chaired by James Roosevelt, famously called Appalachia “an island of poverty in a sea of affluence.” That phrase, rooted in the stark realities of Central Appalachia’s coalfields, still resonates today. While the region has moved closer to parity with the rest of the nation, the coalfields remain an unfulfilled promise.
If ARC has a father, it was John Whisman of Hazard, Kentucky, who convinced 13 governors to back a joint state/federal agency to build highways, create development districts, and prioritize regional planning. That was a remarkable achievement for a very energetic Jaycee who early in his career sold inflatable buildings before in the early 1960s becoming a state employee under Govs. Combs and Breathitt promoting the ARC concept. He became the states co-chairman of ARC at its inception.
Whisman once told me the genius of the Appalachian Regional Commission was that it “bribed” governors to focus on their most neglected citizens.
Kentucky Gov. Bert Combs was the first governor to buy into Whisman’s vision and helped persuade the rest of the region’s political establishment to get aboard.
The agency’s politics and geographical outlines have always been complex. New York joined because of Sen. Robert Kennedy; Mississippi because of Rep. Jamie Whitten. Johnny Waters of Sevierville, Tennessee, who helped ignite Sen. Howard Baker’s political career as his campaign chair for student body president at the University of Tennessee, served as federal co-chair during my tenure at ARC.
Still, the nation resisted focusing federal resources on just one region, no matter the sacrifice that region has made for the whole nation. In Congress, a representative from Iowa would rise during appropriations debates to call ARC “the longest gravy train in American history.”
Politics thus overruled geographers in defining Appalachia. What was once referred to as the “Southern Highlands” by the Council of the Southern Mountains and most researchers, Appalachia suddenly had Pittsburgh and Birmingham in its fold and extended down to Elvis Presley’s hometown in northern Mississippi. Central Appalachia, mainly the 60 coalfield counties in Southern West Virginia, Eastern Kentucky, Southwest Virginia and East Tennessee, according to ARC’s definition, had to share federal dollars with 423 counties in ARC’s official territory. Spreading ARC’s appropriation across a population that now stands at 26.3 million left little more than a few dabs to pass around.
(Federal level attention to the region has a long history. President Abraham Lincoln charged General O.O. Howard, the head of the Freedmen’s Bureau, to “do something” for the mountaineers who had defied the Confederacy and supported the Union. Howard’s efforts resulted only in Lincoln Memorial University at Harrogate, Tennessee, and the clapboard fire hazard called Howard Hall, a men’s dormitory at Berea College where I alternatively froze and sweated during my sophomore year.)
Appalachian Regional Commission’s impact has been uneven
When I joined ARC in 1969, I was one of only three regional natives at an agency dominated by outsiders transferred from the Department of Commerce. I recall at one point more money per capita had gone into the mountains of Maryland than to any other region, further diluting funds for Central Appalachia, the area that justified the agency’s mission. ARC’s reach across 13 states diluted its original coalfield focus and left the region’s deepest needs only partially addressed.
Despite $6 billion invested in more than 34,000 non-highway projects since 1965, ARC’s impact has been uneven. The agency’s greatest achievements — relocating rivers, building highways and improving infrastructure — are visible, but so are its failures. It never tackled the low taxation of coal properties, absentee land ownership, or the health and safety crises wrought by extractive industries.
ARC never challenged the Tennessee Valley Authority’s introduction and strong financial and political support of strip mining in Eastern Kentucky. It has said nothing about one of the most destructive environmental impacts anywhere in the nation — mountaintop removal mining, which has cut the tops off more than 500 mountains and filled up valleys and waterways with rock and debris that accelerate flooding.
In short, the Appalachian Regional Commission has never proffered a vision for change that is appropriate and useful in this century of technologically driven development. Federal black lung benefits alone have funneled nearly $50 billion into the region, dwarfing ARC’s total investment and highlighting the scale of unmet need.
In fairness, ARC’s legacy includes some remarkable, if complicated, physical transformations. The Pikeville Cut-Through Project, completed in 1987, stands as one of the largest civil engineering undertakings in the Western Hemisphere. Nearly 18 million cubic yards of earth and rock were moved — making it second only to the Panama Canal among earth-moving projects in this hemisphere. The project rerouted the Levisa Fork River, eliminated perennial flooding, opened up hundreds of acres for development, and transformed Pikeville into a regional hub. Yet, Pikeville flooded again in the historic Eastern Kentucky flood of July 2022 and again in February.
In Grundy, Virginia, ARC funds helped relocate the entire business district to higher ground after repeated flooding. The redevelopment included the construction of a unique three-story Walmart atop a public parking garage, a symbol of both economic renewal and the challenges of reinventing a coal town’s identity. Still, the $6 billion, combined with Appalachian Development Highway spending in the neighborhood of $30 billion or so, is only pocket change for Elon Musk, Jeff Bezos and Warren Buffett.
A half-century on, Appalachia has indeed moved closer to parity. Retrospective ARC studies confirm that conditions in Appalachia have improved greatly, and the region is catching up with the rest of the nation. Gayle Manchin, ARC’s federal co-chair and wife of retired Sen. Joe Manchin of West Virginia, echoes that cautiously upbeat note: While noting important gains, she stresses there is still work to be done to reach true parity.
Recent data show that unemployment in Appalachia dropped by 0.8 percentage points over the past decade — twice the national rate of improvement. Homeownership is now about 6.7 percentage points higher than the U.S. average. Median family income growth is robust in many urban counties, and in 96 ARC counties, median income matches or exceeds the national median. Poverty has fallen across most Appalachian states, but coalfield poverty rates are consistently nearly double the national rate of 12.4%. In many counties in Eastern Kentucky, poverty is double Appalachia’s 10-year overall average of 14.3%, according to ARC.
Land reform could unlock local potential
President Lyndon Johnson, signing the ARC legislation in March 1965, promised it would launch Appalachia on “the bright highway of hope.”
Yet, many Appalachian counties still fall in the nation’s poorest 10%. The region’s median household income is only about 82% of the U.S. median. Appalachia’s population is older and growing more slowly. In Appalachia, 27.3% of adults (age 25-plus) have earned at least a bachelor’s degree, compared to the U.S. national average of 35%.
So, while the region as a whole has made undeniable progress, areas like Central Appalachia still trail far behind the nation economically and socially. The latest ARC report on county economic status, for fiscal year 2026, identifies 75 counties in Appalachia as “distressed.” Distressed counties are considered the most economically depressed, ranking in the worst 10% of the nation’s counties. Kentucky has more “distressed” counties than any other state. In many Eastern Kentucky counties, federal transfer payments — Social Security, black lung and other benefits — make up well over half of taxpayer income, according to the IRS.
Ron Eller, retired professor of Appalachian Studies at the University of Kentucky and a Whisman Scholar at ARC, has long argued that true regional renewal requires more than infrastructure and outside investment. As Eller puts it: “Struggling regions of the country need land reform, including the reduction of absentee land ownership and the promotion of alternative land use.”
Eller’s research highlights how generations of absentee corporate and elite ownership have drained Appalachia of its wealth and stifled local development. He emphasizes that growth without real development — without addressing who owns and benefits from the land — will never be enough to reverse the region’s fortunes.
Coal and timber companies own 30% to 70% of the land in counties in the coalfields, frequently the best lands for development. The largest single landowner in the region is the federal government.
These facts of land ownership and scandalously low taxation were documented in a 1980 study championed by ARC Federal Co-Chair Al Smith, but the study was shelved and has never been updated.
Remaking the Appalachian Regional Commission for the 21st century
To truly transform the region, the Appalachian Regional Commission must move beyond the legacy of highways and infrastructure and embrace a tech-forward, community-driven vision that addresses the root causes of generational poverty and outmigration.
To begin, implementing a transparent, digital land ownership system would finally expose the web of absentee ownership and hidden tax loopholes that have plagued the region for generations. Local governments could plan smarter, enforce fair taxation, and ensure that the wealth of Appalachia benefits its people.
Next, a modern homesteading act could acquire land from bankrupt and/or ailing coal and timber companies and offer it to returning families and entrepreneurs, reversing outmigration and seeding new communities above the floodplain. Kentucky Gov. Andy Beshear is leading the charge to locate communities on higher ground above the flood plain. Coal and timber companies have been scarce in offering their lands for this effort. ARC could have, and still can, take up Eller’s challenge to initiate land reform in the coalfields.
Using modern analytics, ARC could help counties enforce honest property taxes on coal, timber, and mineral holdings. Even modest improvements could generate millions annually for local schools, clinics and infrastructure — resources long denied by absentee corporations. Support for innovative community land trusts would keep wealth local, allowing former mine sites to be redeveloped for agriculture, housing or recreation.
This grassroots land reform would prevent future extraction of both resources and profits and focus on renewable power, innovative agriculture and timber management, repurposing millions of acres of damaged land, and a host of other development practices that are being tried in other regions and nations. In fact, all over the mountains efforts like these are being undertaken by community groups, but those efforts need large infusions of federal support if they are to uplift the region to national economic and social levels. Sadly, the Trump administration is proposing to stripmine away the few budgetary dollars currently allocated to these efforts. The cuts just imposed on Medicaid, food aid through SNAP and other programs will darken the bright spots of regional progress.
Doubling down on education, health care and job training — delivered via technology — would help coalfield counties overcome geographic barriers. Expanding community colleges and vocational programs can equip the next generation to build a diversified economy. Strengthening community development organizations ensures that Appalachian residents — not outside investors — shape their own future. Democratic planning tools can give real voice to those most affected by policy decisions.
These suggested reforms are not “feel-good” measures. They are systemic, targeted responses to the structural causes of poverty and underdevelopment. As one local leader put it, “there’s not one silver bullet to replace coal … there are a lot of silver BBs.” Each incremental step toward local control and accountability helps reverse a century of extractive policy and absentee governance.
Calling JD Vance
Restoring hope and trust to a region long disappointed by promises of sustained aid that never came is critical bedrock for change. I’ll be the first to admit that thinking these things can happen in the current Gilded Age environment is a truly Herculean leap of faith.
That brings me to Vice President JD Vance. With roots in Breathitt County, Kentucky, and a professed concern for Appalachia, Vance is in a position to fight for the region. But so far, his only major initiative tied to the region has been AppHarvest — a flashy but failed indoor farming venture based in Morehead. Vance invested in the business and sat on the board with Martha Stewart.
If Vance and his Silicon Valley allies want to prove their new approaches to development and governance, supporting ARC and pushing for genuine reforms would be a good place to start. Appalachia can be the proving ground for whether government can work differently, and better. If Vance and the tech innovators who talk about reimagining government are serious, Appalachia offers a perfect laboratory for bold, non-welfare reforms that could set a new model for federal engagement.
The region that was once “an island of poverty in a sea of affluence” stands at a crossroads. The bridge that ARC represents is more necessary than ever — not as a relic of the past, but as the foundation for a bold, tech-forward, and community-driven future.
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Kentucky Lantern is part of States Newsroom, a nonprofit news network supported by grants and a coalition of donors as a 501c(3) public charity. Kentucky Lantern maintains editorial independence. Contact Editor Jamie Lucke for questions: info@kentuckylantern.com.
The post Why US should not abandon its debt to Appalachia appeared first on kentuckylantern.com
Note: The following A.I. based commentary is not part of the original article, reproduced above, but is offered in the hopes that it will promote greater media literacy and critical thinking, by making any potential bias more visible to the reader –Staff Editor.
Political Bias Rating: Center-Left
This article takes a critical stance on the Trump administration’s proposed drastic cuts to Appalachian Regional Commission (ARC) funding, highlighting the ongoing economic distress in Central Appalachia and the need for sustained federal investment and reform. The tone advocates for expanded government intervention and systemic changes like land reform, enhanced taxation, and community-driven development to address poverty and underdevelopment. It frames ARC as a vital federal bridge and criticizes past and current underinvestment. While acknowledging some progress, it calls for stronger social programs, education, and tech-forward solutions, aligning with a center-left perspective that favors active government involvement in economic and social equity issues.
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