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Watershed Protections Blocked by Appeals Court
An appeals court has struck down a rule that state regulators used to restrict surface mining in a Floyd County watershed where some residents fought to block coal companies from stripping the hills. The regulation had been put in place so the state could impose additional safeguards rather than ban mining altogether, said Tom FitzGerald, head of the Kentucky Resources Council. The three-judge panel of the Kentucky Court of Appeals said the regulation made state law more stringent than federal mining rules. That is barred under a separate state law.