Jeffrey M. Sanders PLLC is a boutique law firm located in Fort Thomas, Kentucky. We focus our professional efforts on complex litigation that usually involves environmental or toxic tort issues, as well as property and natural resource law. We use a rapid response, team approach in our cases that maximizes our talents, skills, and resources so we can aggressively advocate our clients’ objectives and achieve their long-term strategic goals in a cost and time-efficient manner. This is an advertisement.
Kentucky Environmental Matters
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Hi, I’m a 1L at Lewis and Clark Law school in Oregon. I’m doing some research on ONRW designation, trying to move the process forward for waters in Oregon, the Rouge River in particular. I was wondering if you were familiar with what standards were applied to the waters identified and proposed for ONRW designation in Kentucky. Does Kentucky rely on State standards, or draw from federal guidelines? Here in Oregon we are looking for models we might emulate in evaluating and designating ONRW water resources. Any resources you might be able to point to would be a great help.
Thank you,
Cary Allen
Portland, OR
By: Cary Allen on October 15, 2008
at 7:06 pm
p.s. That ought to be Rogue River, not Rouge!
By: Cary Allen on October 15, 2008
at 7:08 pm
Cary,
It is good to hear from an Oregonian. Oregon and Kentucky are two of the most beautiful states in the country. The residents are very similar, as they are friendly, down to earth, and their state economies are heavily resource dependent. The biggest difference in the two states may be the lack of plastic in Oregon’s rivers, streams and creeks.
Outstanding National Resource Waters (ONRWs) are waters that receive special protection against degradation under Kentucky’s water quality standards and the federal Clean Water Act. They are designated by the Kentucky Division of Water.
Waters eligible for ONRW designation include waters that are part of a national or state park, wildlife refuge or wilderness areas, special trout waters, waters with exceptional recreational or ecological significance, and high quality waters that have not been significantly modified by human activities.
Land-use activities in existence at the time an ONRW is designated will not be affected as long as they are controlled by best management practices and do not result in new or increased discharges of contaminants to the ONRW after designation, according to information from the state. New land uses or activities can proceed if they do not cause water quality degradation in the ONRW.
Outstanding National Resource Waters are waters that meet the requirements for an outstanding state resource water classification and are of national ecological or recreational significance. They are listed in 401 KAR 5:030, Section 1, Table 1. Map of Kentucky’s Outstanding National Resource Waters is at: http://www.water.ky.gov/NR/rdonlyres/773F5F49-B055-4AE6-8E6E-01685325F6D9/0/SU_onrw.pdf.
In Kentucky, Outstanding state resource waters are those surface waters designated by the Energy and Environment Cabinet pursuant to 401 KAR 5:031, Section 7, and includes certain unique waters of the commonwealth, including those with federally threatened or endangered species.
By: Lawyer Sanders on October 16, 2008
at 8:26 am
Great website!
I’ve been practicing environmental law for 20 years as a government attorney, and I think your website is one of the best of its kind. It’s the best I’ve seen for a small law firm.
When I retire from the government in a year or two (not to Kentucky), I may want to talk to you about borrowing some of your website ideas!
Best regards,
Mike
By: Mike Whittington on February 19, 2009
at 7:32 am