In 2010, environmental organizations Appalachian Voices and Waterkeeper Alliance had reason to believe that Frasure Creek Mining and International Coal Group (ICG) were falsifying reports and violating permit limits.
[8] The coalition of environmental organizations including Appalachian Voices, Waterkeeper Alliance, Kentuckians for the Commonwealth and Kentucky Riverkeeper moved forward to sue Frasure Creek and ICG with support from citizens in October, 2010.
Judge Phillip Sheperd denied these settlements, agreeing with the environmental organizations that fines would not prevent future violations from the companies who had already failed to comply previously.
[10] Because the only measurements of water quality that were taken were proven inaccurate or completely reused from previous monthly reports, it is unclear what the true damage was to the environment and watershed in and around Frasure creek mine.
[13] Frasure Creek Mining complied with a settlement agreeing to pay $500,000.This also includes a potential $6 million fine if the company does not abide by the guidelines of the deal.
[16] Part of the settlement was Frasure Creek had to admit to these violations at surface mines in Perry, Magoffin, Pike, and Floyd county, with the total number rising to the thousands.