Black Mountain – An Overview - The Resolution Of The Lands Unsuitable Petition From The Legal And Technical Perspectives

In 1998, Kentuckians for the Commonwealth filed an Administrative Petition with the Kentucky Natural Resources and Environmental Protection Cabinet to designate 8,903 +/- hectares (22,000 +/- acres) on Black Mountain, which contains the state’s highest point, as unsuitable for mining. A fast track legislative process was triggered which could have "taken"100 million tons of coal reserves or, in the alternative, imposed severe restrictions on mining. Even with all parties represented by reasonable individuals, this process can be extremely cumbersome and expensive. The legal and technical preparation for this unusual hearing process as well as issues and strategies of the negotiated resolution are reviewed.