Hundreds of Kentucky Coal Mines Falling Far Behind in Clean Up and Reclamation Process
FOR IMMEDIATE RELEASE
February 25, 2025
WHITESBURG, KENTUCKY — A new report from the Appalachian Citizens’ Law Center (ACLC) released today finds widespread delays in the reclamation process at hundreds of Kentucky coal mines. Many of these mines are likely functionally abandoned, are at risk of creating new liabilities for communities and taxpayers, and contribute nothing to local economies.
Based on a review of state data, ACLC’s analysis reveals that hundreds of mines that should be progressing through clean-up and revegetation as required by state law, are instead sitting idle, sometimes for years at a time.
“The lack of progress that coal companies have made in cleaning up and reclaiming their old mines as required by law is staggering. Right now, hundreds of idle mines are creating the risk of floods and landslides near homes and businesses in Kentucky years after they should have been cleaned up,” said Erin Savage, lead author of the report. “Instead of being liabilities, these old mines are supposed to be stabilized, cleaned-up, and revegetated so they can benefit our ecosystems, local landowners and our communities. Kentuckians expect that and the law requires it.”
Presently, the Commonwealth of Kentucky requires a three-phase reclamation process before an unused mine is considered cleaned up and the coal mine operator’s performance bond is released. To complete the first phase, a coal mine operator is required to take action within a specified time to assure the mine’s stability and drainage control to help avoid the worst crises, like highwall collapse, landslides, or extensive water pollution. The second phase of reclamation is considered complete upon revegetation and confirmation that the mine site is not adding sediment to nearby waterways. The third phase is complete reclamation, whereupon the total bond is released. Notably, there are no enforceable time limits on how quickly a coal operator must meet the requirements of the second and third phases.
ACLC reviewed the reclamation status for 408 permits for mining operations throughout Kentucky. Key takeaways from the report include:
- Hundreds of mines not fully cleaned up and reclaimed: While most permits in Kentucky could reasonably be expected to be fully reclaimed in 6 years, 333 of the 408 permits reviewed had not produced coal for at least 6 years and had not been fully reclaimed – an 81% shortfall. 30% of these have not produced coal in more than 15 years. Seven have not produced coal for more than 30 years.
- Sluggish Progress on Phase I Reclamation: Mines should complete phase one reclamation within 18 months after coal production stops. However, of the mines that stopped coal production at least 18 months ago, the study finds that only 55% have completed phase one of reclamation. Twenty-four of these permits have not produced coal in more than two decades.
- Barely a handful of mines reach Phase II Reclamation: Only 7% of the mining permits expected to complete phase two reclamation have done so. The majority of permits took at least 7 years to reach this milestone, with one taking 28 years to reach phase two release.
“While we understand that cleaning up mines and reestablishing trees or developing the land takes time, it appears that many coal companies are abusing lax reclamation requirements,” said Rebecca Shelton, ACLC’s Director of Policy. “But, every day that coal companies don’t fulfill the clean up duties required by law is another day where the promise of a safe place to live with clean drinking water is at risk for thousands of Kentucky families.”
This report builds upon two earlier reports by ACLC. The first examined whether permits classified as active are actually producing coal. That report determined that over 40% of mines classified as active had not actually produced coal in 5 years or more. The second examined permits with outstanding violations, determining that over half of the notices of noncompliance had been outstanding for more than a year, and over 20% had been outstanding for more than 3 years. The most common outstanding notices of noncompliance were related to reclamation requirements.
Together, ACLC’s three reports show that mine permits are not being reclaimed in a timely way, if they are even reclaimed at all. Instead, they are functionally abandoned – neither producing coal, nor making timely reclamation progress as state regulations require.
To address this growing crisis, ACLC recommends the establishment of reclamation timelines, with clear, enforceable deadlines for each phase of reclamation to prevent indefinite delays.
“We can better safeguard Kentucky communities by ensuring they aren’t having to pick up the cost to clean-up the coal companies’ mess. That means establishing a clear timeline by when they have to do their legal duty to reclaim old mines. That way, they won’t be able to hide in loopholes and avoid accountability any longer,” said Mary Cromer, ACLC’s deputy director.
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