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Senate Bill 89 sounds retreat on 75-year commitment to protecting Kentucky’s waterways

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kentuckylantern.com – Tom FitzGerald – 2025-02-18 04:40:00

Senate Bill 89 sounds retreat on 75-year commitment to protecting Kentucky’s waterways

by Tom FitzGerald, Kentucky Lantern
February 18, 2025

“When the well is dry, we know the worth of water.”

Ben Franklin’s observation was never truer than when considering Senate Bill 89, which has passed the Kentucky Senate and could be considered this week by the state House. Ignoring that we all live downstream, the bill would narrow what waters are protected in Kentucky and will lower water quality and raise water treatment costs for downstream communities, farms and industries.

Kentucky’s Division of Water is charged with protecting “waters of the commonwealth” — an intentionally broad term including all “rivers, streams, creeks, lakes, ponds, impounding reservoirs, springs, wells, marshes, and all other bodies of surface or underground water, natural or artificial.”

Kentucky law declares it is state policy to conserve the waters of the commonwealth for public water supplies; fish and wildlife; agricultural, industrial, recreational and other legitimate uses; to safeguard from pollution the uncontaminated waters; to prevent new pollution and abate existing pollution. It has been Kentucky’s stated policy for 75 years to safeguard these waters from pollution, and Kentucky’s businesses, farms and communities have all benefited from efforts to achieve that goal.

SB 89 would narrow protections to only those waters that are defined as “navigable waters” under the federal Clean Water Act, excluding all groundwater, as well as the upper reaches of stream and river systems in Kentucky. Federal law, because it only reaches waters affecting interstate commerce, was never intended to, and does not regulate the full range of discharges that can occur to land or water nor fully protect all waters in Kentucky that are important for drinking water, fish and wildlife, recreation, farming and industries.

SB 89 will raise costs for water customers, businesses and industries.

If it passes, all protections of groundwater from pollution would be eliminated since groundwater — the source of drinking water for over 1.5 million Kentuckians through 185 public water systems and over 416,000 Kentuckians from wells and springs — is not protected under the federal Clean Water Act. 

Water pollution affecting off-stream constructed lakes, water storage reservoirs, and farm irrigation and stock watering ponds from other properties would be unregulated.

Dumping or discharging pollution into stream headwaters would no longer be limited or prohibited. Called “ephemeral streams,” the upper reaches of stream systems that carry rainwater and snowmelt runoff into Kentucky’s rivers and lakes are an essential part of the river systems, yet are mostly excluded from federal law protections and would lose all protections under state water laws. The Energy and Environment Cabinet would no longer be able to require permits, to impose limits on that water pollution or require sampling or reporting.

Discharging hazardous substances, pollutants, or contaminants into headwater streams would no longer be prohibited, and the cabinet would lack authority to require cleanup of releases of hazardous substances to groundwater or ephemeral streams. And 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.

SB 89 will raise costs for water customers, businesses and industries. Public water systems rely on the ability of the state cabinet to control discharges of pollution into the streams and rivers from which they withdraw water for treatment and sale to customers. Lower water quality due to loss of pollution controls over headwater stream reaches could increase water treatment cost. As downstream water quality declines, more stringent limits are also likely for discharges for downstream permittees. 

Unclear about the impacts? Consider this: A business or industry dumps wastewater into a natural swale, ephemeral channel or constructed ditch that drains into a sinkhole linked to a karst flow system and contaminates the source of a public water system that draws water supply from that karst system. That discharge is currently regulated but would not be under SB 89 because groundwater is no longer protected.

Or this: In the past, brine water from oil and gas operations was often dumped into ephemeral stream channels, where it flowed into the Licking and Kentucky rivers and caused drinking water treatment problems for those communities. Under SB 89, the brine discharges to headwater ephemeral and possibly intermittent streams would not be regulated. And discharges from package sewage treatment plants from subdivisions into ephemeral or intermittent channels leading to larger streams and rivers would no longer be regulated by the state.

Kentucky’s Division of Water must have the ability to ask for a permit or to impose compliance obligations through enforcement actions for these and other activities causing pollution to any Kentucky waters. We all live downstream, and Kentuckians deserve clean water for drinking, irrigation,  recreation, fishing, and for industries and businesses. Now is not the time for Kentucky’s General Assembly to retreat from our 75-year commitment to safeguarding and protecting Kentucky’s waters from pollution, when we still have so much to do to reach the clean water goals set so many years ago.

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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.

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Kansas man accused of child sex crimes in Kentucky

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www.wnky.com – WNKY Staff – 2025-08-22 17:04:00

SUMMARY: A Kansas man, 41-year-old Justin R. Bevitt of Topeka, is accused of meeting and engaging in sexual activities with a 15-year-old Kentucky girl. Kentucky State Police began investigating after receiving a report of a juvenile leaving home with Bevitt. The investigation revealed multiple past encounters between Bevitt and the minor. With help from the Warren County Commonwealth Attorney’s Office and the Kansas Bureau of Investigation, authorities searched Bevitt’s Topeka residence on August 22, leading to his arrest. He faces charges including procuring a minor, unlawful transactions, and distributing sexual material involving a minor. Extradition and additional charges are pending. The case remains under investigation.

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Quintissa Peake, ‘sickle cell warrior’ and champion for blood donation, dies at 44

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lexingtonky.news – The Daily Yonder – 2025-08-22 13:18:00

SUMMARY: Quintissa Sherri Peake, a dedicated advocate for blood donation and sickle cell disease awareness, passed away at 44. Diagnosed with sickle cell disease as an infant, she received over 500 blood transfusions and called herself a “sickle cell warrior.” Peake worked at Kentucky Blood Center and volunteered extensively, inspiring many with her resilience and faith. A University of Kentucky graduate, she contributed to various community organizations in Eastern Kentucky, earning the Carolyn Sundy Award for leadership. Remembered for her fierce love of family and commitment to social justice, Peake’s legacy is one of strength, perseverance, and impactful advocacy.

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Library receives donations to replace books church leaders targeted for LGBTQ+ themes

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kentuckylantern.com – Jack Brammer – 2025-08-22 04:50:00


In Shelbyville, Kentucky, leaders of the Reformation Church urged members to check out and not return 16 LGBTQ+ themed books from the Shelby County Public Library, calling it “civil disobedience” to protect children. The library’s executive director, Pamela Federspiel, called the act theft and has raised nearly $1,000 in donations to replace the books. Kentucky law treats failure to return library books as a civil matter, not criminal theft. The controversy has sparked national attention and debate over morality, legality, and free speech. The Shelby County Democratic Party supports the library, encouraging donations to replace the missing books.

by Jack Brammer, Kentucky Lantern
August 22, 2025

In a matter of a few days, nearly $1,000 has been donated to the Shelby County Public Library to replace 16 LGBTQ+ books a local church had recommended to check out and never return.

“The response to the missing books has been overwhelming and mostly positive for the library,” said Pamela W. Federspiel, the library’s executive director, on Thursday. “We will use the donated money to replace the books and buy more like them.”

Theft or civil disobedience?

The Kentucky Lantern reported Aug. 18 that three leaders of the Reformation Church of Shelbyville urged its members to remove books from the Shelby County Public Library by checking them out and never returning them. The books portray gay characters and historical figures or explore LGBTQ+ themes.

The  church  leaders — pastors Jerry Dorris and Tanner Cartwright and Austin Keeler, an evangelist with the church mission, Reformation Frontline Missions — defended what they call an “act of civil disobedience.”

But librarian Federspiel said the action is tantamount to “stealing.” She contacted a collection agency to retrieve the books but so far it has not been successful.

The library has “lost” 16 books valued at $410.85 since a member of the church checked them out with due dates in late June 2024. Neither Federspiel nor the church leaders have identified the library patron.

“Since the story came out, people have made almost $1,000 in donations to replace the books,” Federspiel said.  “One anonymous donor gave $500, and we hear more may be coming.”

The Shelby County Democratic Party has encouraged its members to donate money to the library. In an email this week, the political party said the Reformation Church of Shelbyville “seems to believe it can remove books from the local library and not return them on purpose (at the direction of their pastor) because they have decided for all of Shelby County that some of the content should not be available for reading or even in our library.

“Is this ‘civil disobedience’ as claimed or is it theft?”

The party asks people to help the library replace the missing books by donating through shelbydemocrats.org and marking the contribution for “Books.”

Pastor Jerry Dorris, Aug. 5, 2025. (Kentucky Lantern photo by David Stephenson)

Asked what the library would do if the new books are checked out again and not returned, Federspiel said she is talking to a lawyer about what precautions to take.

Asked if he would still urge removal of new books the library uses as replacements, Dorris said, “I am just an individual Christian.  I will keep on saying what I think should be done.”

Dorris posted on Facebook that the removal of the books “is not theft — it is civil disobedience rooted in God’s law, carried out in love for our neighbor and aimed at protecting children.”  He called the books in question “groomer material.”

He claims that under Kentucky law, failure to return a library book is not prosecuted as theft but handled as a civil matter, with fines, collection notices or suspension of borrowing privileges. 

“This is not grand larceny — it is treated like an unpaid bill. By man’s law, and more importantly by God’s, it does not belong in the category of theft,” he said.

A Kentucky law addressing failure to return a library record classifies it as a civil matter.

“The law deals with civil liability but not any criminal defense,” Dorris said.

Shelby County Attorney Carrie McIntyre said a state law — KRS 172.150 — makes failing to return library books a civil matter not a criminal offense.

“Failing to return books would make the borrower liable for double the cost thereof,” McIntyre said in an email Friday morning.

The library is in the city of Shelbyville, noted McIntyre. “I am unaware whether a report of theft has been filed with the Shelbyville Police Department.”

Shelbyville Police Chief Bruce Gentry said Friday afternoon that no complaint has been filed with his office.

McIntyre said her office is not an investigative body. “Among many other roles, we prosecute cases that are investigated by law enforcement agencies in the county. As of yet, this particular issue has not been brought to me by anyone,” she said.

Concerning the church pastors’ urging members to remove books, the county attorney said, “I assume the church would rely on the First Amendment to defend their actions. Since they aren’t threatening physical harm or yelling ‘fire’ in a crowded theater, as the law school examples like to say, I’m not sure there is anything illegal about the speech aspect of it.”

She called the issue interesting “both morally and legally.”

“Also, given the number and value of the books at issue, it is no small amount, especially for a small town library.”

Dorris, who said he has received one death threat and many vitriolic emails and comments for his stance, noted that some of his critics are using the biblical commandment “Thou shalt not steal” to attack him. 

“Many who cheered riots and looting now clutch the Ten Commandments to condemn us for suggesting vile books be removed from libraries. Their sudden zeal for “Thou shalt not steal” is not love for God’s law — but hatred of it, wielded to defend perversion,” he said.

“When Christians check out such materials and refuse to return them, they are not stealing private possessions but resisting the misuse of common funds for wicked purposes,” he said.

The controversy has created a social media frenzy and has garnered national attention from various Christian, atheist and gay organizations and news outlets.

This story has been updated with comments from Shelby County Attorney Carrie McIntyre and Shelbyville Police Chief Bruce Gentry.

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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.

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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-Right

This content presents a controversy involving a local church’s opposition to LGBTQ+ themed books in a public library, framing the church’s actions as “civil disobedience” rooted in religious beliefs. The article includes perspectives from both the church leaders and the library, but it highlights the church’s conservative Christian viewpoint and their framing of the issue as a moral and legal matter rather than theft. The inclusion of criticism from the Shelby County Democratic Party and the emphasis on the church’s language about “groomer material” and biblical justification suggest a right-leaning perspective that is critical of LGBTQ+ content in public institutions. Overall, the piece leans center-right by focusing on conservative religious objections and framing the conflict around traditional values and legal interpretations favoring the church’s stance.

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