News From Terre Haute, Indiana

Local & Bistate

September 19, 2013

Judge: Bear Run Mine violates EPA guidelines

Peabody disputes, keeps producing

TERRE HAUTE — Environmental groups have scored what they are calling a victory in their efforts to eventually bury coal as a source of electricity.

The Sierra Club, a San Francisco-based environmental organization, issued a news release Wednesday touting a recent decision from an Indiana environmental law judge upholding part of a complaint against Peabody Energy and its Bear Run Mine in Sullivan County.

The group, joined by two other environmental organizations, filed several complaints with the Indiana Office of Environmental Adjudication against the Indiana Department of Environmental Management and Peabody.

On Sept. 11, Judge Catherine Gibbs issued a 20-page statement rejecting all but one of those complaints, siding with IDEM and Peabody in five of six cases.

In one case, however, the judge found that Peabody had failed to undertake a water-quality impact study when the company sought a modification to its operating permit. That violated U.S. EPA-established guidelines, she stated. Gibbs also ruled that there was no evidence that the required public participation in the permitting process had taken place.

It is “relatively clear from the rule in effect at the time that this modification was made that [an] … anti-degradation review was necessary,” Gibbs wrote.

The ruling did not invalidate Bear Run’s operating permit, stated Barry Sneed, a spokesman for IDEM in Indianapolis in an email to the Tribune-Star. Peabody will now have the opportunity to show that discharges from the mine will not “degrade” local waters or that such “degradation is necessary for economic or social factors,” Sneed stated, quoting from the judge’s ruling.

Sneed also underscored that Gibbs sided with IDEM and Peabody in the bulk of her ruling. The environmental groups failed, he said, to present sufficient evidence to show that the discharges from the mine “would contribute to violations of water-quality standards,” again quoting from the ruling.

Peabody, a St. Louis-based energy producer, agreed with IDEM that Bear Run retains permission to operate.

The judge’s “ruling reaffirms Bear Run’s general permit as appropriate to the operation, and we will continue to review any additional steps to maintain compliance,” stated Meg Gallagher, a Peabody Energy spokeswoman, reached Wednesday afternoon.

On the other side of the issue, Jodi Perras, Indiana representative of the Sierra Club’s “Beyond Coal” campaign, believes the ruling casts doubt on Bear Run’s ability to operate.

“From my standpoint, [Bear Run is] operating without a valid clean water permit,” Perras said in a telephone interview.

“If you’re digging the largest surface mine east of the Mississippi River,” Perras further stated in the Wednesday news release, “Judge Gibbs recognizes that you must protect local waterways for the use of residents and wildlife. It’s time for IDEM to start doing its job and protect the waters of Indiana from coal mine pollution, as the Clean Water Act requires,” she stated.

The Sierra Club was joined in its complaint by the Environmental Law & Policy Center and the Hoosier Environmental Council.

Reporter Arthur Foulkes can be reached at 812-231-4232 or arthur.foulkes@tribstar.com.

1
Text Only | Photo Reprints
Local & Bistate
  • council mtg 013.JPG Mayor: City will not file bankruptcy

    The Terre Haute City Council took well more than  an hour to ask questions and discuss the health of the city’s finances with top city officials in a special meeting Thursday night. A few councilmen expressed grave concern about the financial picture, while Mayor Duke Bennett said things were improving.

    July 10, 2014 2 Photos 1 Story

  • State official threatens prosecution of city leaders who talk about audit

    A state official has threatened to pursue the prosecution of city officials if they violate a confidentiality agreement signed last month.

    July 10, 2014

  • MET 071014 181 02EXPO.jpg ISU, 181st Intelligence Wing show off capabilities at expo

    Communication and getting unmanned eyes in the sky can be vital parts of responding to a natural or man-made disaster.

    July 10, 2014 3 Photos

  • Feds relent: Military to restore equipment program for fire departments

    An agreement has been reached to keep surplus military equipment rolling into rural fire department bays in Indiana and 47 other states.

    July 10, 2014

  • united way.jpg UW kicks off pilot campaign

    Dottie King remembers the day she saw a young man leaving St. Ann’s Dental Clinic after having 17 teeth pulled. He had not received sufficient dental care before that day so his need was dramatic. That was unlike King, who had visited the dentist regularly since childhood, but still found getting a tooth filled not on her list of fun things to do. “I thought to myself, ‘I never have thought about the blessing of dental care,’” King recalled, sharing that story on Thursday morning with other volunteers for the United Way of the Wabash Valley.

    July 10, 2014 1 Photo

  • MET 071014 181 HILL.jpg Indiana’s director of homeland security sees unmanned systems’ potential

    Integrating unmanned flight systems into use for domestic surveillance can provide first responders with key information in responding to fires, earthquakes and man-made disasters, said John Hill, director of the Indiana Department of Homeland Security.

    July 10, 2014 1 Photo

  • Stunt performer scheduled to be at Wigwam

    A celebrity stunt man named Jim “Crash” Moreau is scheduled to perform at Terre Haute’s Wigwam Skate and Event Center on Saturday.

    July 10, 2014

  • Rain barrels offered for sale

    The Vigo County Soil and Water Conservation District is taking orders for 55-gallon rain barrels.

    July 10, 2014

  • Ash.jpg Tips lead to meth lab bust

    Two people were arrested after police busted a clandestine methamphetamine lab Thursday in the 2200 block of Fourth Avenue in Terre Haute.

    July 10, 2014 2 Photos

  • 071014 meth lab items.jpg Police bust meth lab in Terre Haute

    Police busted a clandestine methamphetamine lab today in the 2200 block of Fourth Avenue in Terre Haute.

    July 10, 2014 1 Photo

  • UPDATE: Ethics panel approves $5K fine against Bennett

    INDIANAPOLIS (AP) — Indiana’s State Ethics Commission has approved a $5,000 fine against former state schools Superintendent Tony Bennett for using state resources in his 2012 campaign.

    July 10, 2014

  • Vigo County Jail Log: July 10, 2014

    The following individuals were booked into the Vigo County Jail by area law enforcement on Wednesday and Thursday, based on jail records.

    July 10, 2014

  • Group: 5,000 same-sex marriages in Illinois

    A survey indicates thousands of same-sex couples are marrying in Illinois.

    July 10, 2014

  • Study: Hunting restores forests in state parks

    A study by a Purdue University research team has found that regulated deer hunts in Indiana state parks have helped restore forests damaged by too many white-tailed deer.

    July 10, 2014

  • MET070914 house exterior.jpg Historic Ohio Boulevard house inspired by 1948 Cary Grant movie

    Spurred in 1948 by a newly released movie staring Cary Grant and Myrna Loy, coupled with a growing post-World War II housing market, General Electric partnered with Hollywood’s RKO Studios to build “dream homes” throughout the country.

    July 9, 2014 4 Photos 1 Story

  • Detour ahead

    A panel of public and private officials is calling for $10 billion in projects to upgrade Indiana’s aging roads and bridges, but its members concede there’s no money to pay for it all.

    July 9, 2014

  • MET070814 barrels.jpg MARK BENNETT: Making road work a barrel of fun for drivers

    We’re lucky orange barrels can’t talk.

    July 9, 2014 2 Photos

  • City Council to take up city finances tonight

    The Terre Haute City Council will have a chance in a special meeting tonight to delve deeply into the city’s financial health. However, council members are being asked to avoid raising the most controversial subject of recent weeks: The city’s use of Redevelopment Commission tax increment finance (TIF) money.

    July 9, 2014

  • Bennett accepts $5,000 fine in ethics settlement

    Former Indiana Schools Superintendent Tony Bennett has agreed to pay $5,000 as part of a settlement with Indiana’s ethics watchdog in which he admits to using state resources for campaign work but is cleared of formal ethics violations in the grade-change scandal that cost him his job as Florida’s schools chief last year.

    July 9, 2014

  • Vermillion Jail trusties face new charges

    Two former inmate trusties at the Vermillion County Jail face new criminal charges after a recently discovered security breach at the jail.

    July 9, 2014

  • Lawrence police acquire armored military vehicle

    A central Indiana city has acquired an armored military vehicle for use in highly dangerous situations.

    July 9, 2014

  • Free carwash for law enforcement

    Mike’s Carwash locations in Central Indiana, including Terre Haute, will honor the sacrifice of IMPD Officer Perry Renn and thank all those who serve and protect our communities with a free carwash for police and emergency personnel today and Friday.

    July 9, 2014

  • Indiana agencies told to ignore gay marriages

    Indiana Gov. Mike Pence’s office is telling state agencies act as if no gay marriages had been performed during three days following a federal court order.

    July 9, 2014

  • State reports West Nile virus-infected mosquitoes

    INDIANAPOLIS — State health officials confirmed the first signs of West Nile virus activity in Indiana for 2014. Mosquitoes in Marshall and Pike counties have tested positive for West Nile virus. There have been no reported cases of West Nile virus in humans in the state this year.

    July 9, 2014

  • Indiana education board faces contentious meeting

    Indiana’s State Board of Education is gearing up for another showdown between Democratic schools Superintendent Glenda Ritz and Republican Gov. Mike Pence’s appointees and staff.
    The board is set to consider a pair of resolutions dealing with control of the board during a meeting Wednesday.

    July 9, 2014

  • Vigo County Jail Log: July 9, 2014

    The following individuals were booked into the Vigo County Jail by area law enforcement on Tuesday and Wednesday, based on jail records.

    July 9, 2014

  • Indiana getting $849,000 for outdoor projects

    Indiana is receiving $849,000 to use toward outdoor recreation and conservation projects.

    July 9, 2014

  • Semi fire halts I-70 traffic in Putnam County

    A fire in a semi tractor-trailer temporarily closed eastbound lanes of Interstate 70 in Putnam County on Tuesday evening.

    July 9, 2014

  • I&M proposes five solar facilities in two states

    Indiana Michigan Power plans to seek permission to build five solar generating facilities in the two states it serves.

    July 9, 2014

  • MET070814 voice four.jpg Hitting a high note

    A 17-year-old from Casey, Ill., won “The Voice of the Valley” Tuesday night, singing and shaking his hips and legs to an Elvis Presley song, then wooing the grandstand audience at the Wabash Valley Fairgrounds with a country tune.

    July 9, 2014 2 Photos

Latest News
TribStar.com Poll
AP Video
Police: Prostitute Linked to 2nd Death Chimp-attack Victim Lobbies Congress Obama Responds to Hecklers on Immigration FIFA Rejects Suarez Appeal Against Biting Ban Israeli-Palestinian Tensions, Attacks Escalate Kim Kardashian Hits Up Valentino Show in Paris World Cup Final Pits Argentina Against Germany Police: Prostitute Accused in Overdose Death Art of Haitian Machete Fighting Revived Four Kids, Two Adults Shot Dead Near Houston Raw: Obama Shoots Pool in Denver Neighbors Mourn Killing of Texas Family Thousands Attend NYC Firefighter's Funeral World's Tallest Water Slide: See It for Yourself Obama Talks Economy, Slams Republicans Connecticut Boy Dies Inside Parked Car 'Game of Thrones' Leads Emmy Nominees Robots Gearing Up for Their Own 'World Cup' Fans Dying to Be Near Jazz Greats UN Secretary-General Urges Mideast Ceasefire
NDN Video
Tiny Hamsters Who Ate Burritos are Back for a Tiny Hedgehog's Party Watch Kelly Ripa Get Soaked! 'Referee' Hands Out Yellow Cards for Social Faux Pas in NYC 2014 Emmy Nominees: 8 Snub Shockers Emma Watson Is Va-Va-Voom in Valentino 7 Infamous Sports Blowouts Argentina tops Holland in World Cup semifinals News flush: Japanese toilet exhibition making a splash Emmy Nominations: What to Watch For 'Game of Thrones' Leads 66th Emmy Awards Nominations Photographic 'Proof' That LeBron Is Leaving Miami - @TheBuzzeronFOX Elephant Pool Party at The Oregon Zoo Must-See! Berry and Fallon Form Human Hamster Wheel Pilot buys pizzas for travelers delayed by storm Klose nets record, Germany rout Brazil 7-1 'Purrmanently Sad Cat' Looks Adorably Sad All the Time Pharrell 'humbled' by success of mega-hit 'Happy' Day After: Brazil Reeling in WC Loss Jennifer Lawrence Facepalms Emma Watson Athletes Bare All for ESPN Magazine's Body Issue
Parade
Magazine

Click HERE to read all your Parade favorites including Hollywood Wire, Celebrity interviews and photo galleries, Food recipes and cooking tips, Games and lots more.
  • -

     

    March 12, 2010

activity