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Peabody Issues Statement Responding to Favorable Kentucky Court of Appeals Decision

September 22, 2008

ST. LOUIS, Sept. 22 /PRNewswire-FirstCall/ — Peabody Energy was notified today that the Kentucky Court of Appeals upheld the air permit for the Thoroughbred Energy Campus. The court reversed the Franklin County Circuit Court’s decision to remand the air permit, which was approved by the Secretary of the Energy and Environment Cabinet, the state air permitting agency.

We are pleased that the Kentucky Court of Appeals has validated that Thoroughbred’s air permit meets all regulatory requirements to protect the environment, and reaffirms the Cabinet Secretary’s support of the project. Projects like Thoroughbred are designed to build energy security, fuel economic growth and create environmental solutions.

We will continue to evaluate the scope of the project in light of the lengthy approval process, and will announce milestones as they occur.

    CONTACT:    Derrell Carter    (314) 342-7667  

Peabody Energy

CONTACT: Derrell Carter of Peabody Energy, +1-314-342-7667

Web site: http://www.peabodyenergy.com/




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