Greg Stumbo

Steve Beshear, meet John Cheves. He’s here to hand you your ass:

Mine permitting official overruled to ‘accommodate the coal interests’

FRANKFORT — Gov. Steve Beshear’s administration overruled its top mine permitting official last year to “accommodate the coal interests” and reinstate a policy the official said was illegal, according to state documents.

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Mills said that before he was fired, Campbell told him Alliance Coal — specifically, a company executive named Raymond Ashcraft — and the governor’s office were pushing for his ouster because of his opposition to the 33 1/3 rule. One of Beshear’s staff assistants, Jeff Belcher, often called the Division of Mine Permits on behalf of coal companies to ask about their permit applications, Mills said.

Alliance Coal is a big political donor, having given several hundred thousand dollars to Kentucky politicians and parties on the state and federal level, including to Beshear and the Kentucky Democratic Party.

“I didn’t want to do anything that was illegal,” Mills said.

Belcher did not return a call seeking comment. The governor’s office has denied playing a role in Mills’ firing.

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Correspondence between Alliance Coal subsidiaries and the Division of Mine Permits since Beshear took office in December 2007 shows that the administration endorsed the 33 1/3 rule.

In some instances, the division rejected mining applications from Alliance Coal when 42 percent of the land, or more, was “uncontrolled properties,” meaning the company had not shown a legal right to enter the property. The division instructed Alliance Coal to reduce that percentage to 33 1/3.

C. Michael Haines, general counsel for the Energy and Environment Cabinet, said he could not identify any specific federal or state statutes that permit the 33 1/3 rule.

“That’s just the way we’ve chosen to interpret it,” Haines said.

The Kentucky Resources Council plans to sue the Beshear administration in coming weeks to block the 33 1/3 rule because it puts the profits of coal companies over the rights of property owners, said Thomas FitzGerald, the council’s director.

“This is an illegal policy. The law and the regulations are crystal clear about coal companies needing the right to enter property before they can mine,” FitzGerald said.

Any wonder that Steve Beshear’s approvals are free falling?

Prediction? Richie Farmer enters the race and is ahead at least 15 points in the polls against Beshear. After that, Greg Stumbo jumps in to primary against Beshear and wins, setting up a Stumbo vs. Farmer matchup.

For us progressives, it’s a lose lose lose situation. Full of FAIL.

What Twain said…