Kentucky bill would weaken water pollution rules, benefiting coal industry

A Kentucky Senate committee approved a bill that would limit state water protections, aligning regulations with a U.S. Supreme Court ruling that weakened the Clean Water Act.

John Cheves reports for Lexington Herald-Leader.


In short:

  • Senate Bill 89, backed by the Kentucky Coal Association, would restrict the state’s definition of protected waters, reducing regulations on pollution in wetlands, seasonal streams and groundwater.
  • Supporters, including real estate developers, argue the bill eliminates regulatory delays and aligns state law with federal standards, while critics warn the move would endanger drinking water and aquatic ecosystems.
  • The committee cut off testimony from opponents before voting 11-1 in favor of the bill, sending it to the full Senate.

Key quote:

“We all live downstream of something, and all rivers start somewhere.”

— Audrey Ernstberger, associate attorney fellow, Kentucky Resources Council

Why this matters:

Numerous Kentucky waterways are already heavily polluted, with many streams and rivers deemed unsafe for swimming or fishing. Weakening protections could worsen contamination, affecting drinking water for residents relying on groundwater or downstream sources. Once pollutants enter water systems, they spread beyond their original site, impacting public health, agriculture and wildlife. The decision also highlights a broader national trend of rolling back environmental regulations in favor of industry interests.

Related: Kentucky AG receives $3 million to combat federal environmental regulations

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