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Federal crackdown on silica dust begins as mining experts highlight impact to Kentucky workers

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Federal crackdown on silica dust begins as mining experts highlight impact to Kentucky workers


After a years-long rule-making process at the Mine Safety and Health Administration (MSHA), coal mines will have to keep workers safe from toxic silica dust by lowering the legal exposure limit from 100 micrograms to 50 micrograms over an 8-hour work shift.

Experts have long-known that silica dust is causing a surge in the incurable black lung disease among central Appalachian coal miners. It’s caused as miners inhale bits of the rock that’s being pulverized to get to harder-to-reach coal seams.

“You want to know what it’s like to have black lung?” John Robinson, a former miner battling the disease asked at a roundtable discussion in Louisville on Monday. “Grab your pillow off your bed, go outside, and get your push mower going in your yard.”

Other industries who extract things like metal, sand and gravel will also need to comply with the silica standards. For the first time ever, they’ll also be required to X-ray workers’ lungs. Those X-rays will be stored in a database managed by the National Institute of Occupational Safety and Health (NIOSH).

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Those industries have said they don’t see the same epidemic coal has with black lung, but regulators hypothesize that’s because they don’t look.

“My guess is, that when we go looking for a problem, when we go looking at these miners and their chest films, we’re probably going to see silica in those lungs,” NIOSH researcher Scott Laney said.

U.S. Representative Morgan McGarvey hosted Monday’s roundtable in Louisville with federal experts discussing the impact of the rule. There are no active coal mines in his district, but he is the only Democrat in Kentucky’s congressional delegation.

Officials have lauded the Biden administration for the measure, which was promised but undelivered in multiple previous administrations.

“I’ve always considered myself, yes, representing my district, but also being a representative of our state,” McGarvey said. “When you talk about the safety of our workers, to me, that’s never been a political issue.”

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McGarvey’s office said the lawmaker wanted to learn from federal experts about what is needed “to ensure effective implementation and enforcement of this rule.”

One thing that might make it difficult to implement and enforce? A flat budget at the federal mine agency. Congress recently denied a $50 million budget increase for more mine inspections and more silica dust sampling.

“We just need to help get MSHA more money to help enforce this,” National Black Lung Association Vice President Vonda Robinson said. “They need more guys to go out and help, to be able to enforce this.”

MSHA Assistant Secretary Chris Williamson speaks at a press conference on Monday in Louisville.

“MSHA has had flat budgets for, I don’t know how many years now,” MSHA Assistant Secretary Chris Williamson said at a panel earlier in June. “You’re talking about people because in almost every federal agency, the cost driver is personnel. We will do the best we can with what we’re given to work with, but it will remain a priority.”

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Appalachian advocacy groups have criticized the measure for largely relying on companies to accurately self-report high silica dust samples. They say it gives companies “every incentive to continue cheating and hiding dangers” and compared it to letting a “fox guard the hen house.”

Williamson has repeatedly promised that any companies caught cheating on the silica testing and reporting requirements will be dealt with severely.

Meanwhile, the silica rule is facing two separate legal challenges from mining industry associations. They’re asking federal judges to analyze the rule for its legality.

“Worker safety and health is a core value of our association, but unfortunately, this rule has missed the mark,” National Stone, Sand and Gravel Association CEO & President Michael Johnson said in a written statement. “MSHA’s crystalline silica rule includes provisions that were not included in the proposed rule, for which we were not provided the opportunity to comment, as required by law.”

Although companies are expected to begin lower silica dust levels now, enforcement will begin in April 2025 for coal companies and 2026 for non-coal.

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State government and politics reporting is supported in part by the Corporation for Public Broadcasting.





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Kentucky outlasts Wisconsin 3-2 in five-set thriller

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Kentucky outlasts Wisconsin 3-2 in five-set thriller


No. 1 Kentucky outlasted No. 3 Wisconsin 3-2 in the five-set thriller to earn a trip the the NCAA national championship. The Wildcats clinch their first national final appearance since winning the title in the Spring of 2021 and second in program history. 

In front of a sold-out T-Mobile Center in Kansas City, MO., Big Blue rallied in a dramatic fashion after a devastating 25-12 loss in Set 1. Kentucky was able to punch back in Set 2, earning the 25-22 victory before dropping the next set 25-21 to the Badgers. 

With their backs against the wall, the Cats fought off a rallying Wisconsin team for the 26-24 Set 4 victory to push the match to five. 

With momentum on their side, Kentucky took back what it lost in the first and fired on all cylinders in the fifth. The Cats raced out to a 6-1 lead early in the fifth before clinching the 15-13 win, hitting a match-best .409. 

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Outside Eva Hudson powered 29 kills on .455 hitting with seven digs, two blocks and a service ace to power the Kentucky winm while Brooklyn DeLeye tallied 15. The Big Blue defense made the difference, registering eight big-time blocks against a career-night by Wisconsin’s Mimi Colyer. 

With the Wildcat win, Kentucky clinches a spot in the national championship to face No. 3 Texas A&M for the first ever all-SEC final in NCAA women’s volleyball history. 

Final stats here. 





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Kentucky Supreme Court reverses course, strikes down law limiting JCPS board power

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Kentucky Supreme Court reverses course, strikes down law limiting JCPS board power


Last December, the Kentucky Supreme Court upheld a law by a slim 4-3 majority that limited the power of the Jefferson County Board of Education and delegated more authority to the district’s superintendent.

Almost exactly one year later, the state’s high court has just done the opposite.

In a 4-3 ruling Thursday, the justices struck down the 2022 law, saying it violated the constitution by targeting one specific school district.

The court’s new opinion on the law is because of its change in membership since last December, as newly elected Justice Pamela Goodwine was sworn in a month later, and then joined three other justices in granting the school board’s request to rehear the case in April.

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Replacing a chief justice who had voted to uphold the law last year, Goodwine sided with the majority in the opinion written by Justice Angela McCormick Bisig on Thursday to strike it down.

Bisig wrote that treating the Jefferson County district differently from all other public school districts in the state violated Sections 59 and 60 of the Kentucky Constitution. She noted that while the court “should and does give great deference to the propriety of duly enacted statutes,” they are also “duty bound to ensure that legislative decisions stay within the important mandates” of the constitution.

“When, as here, that legislative aim is focused on one and only one county without any articulable reasonable basis, the enactment violates Sections 59 and 60 of our Constitution,” Bisig wrote. “Reformulating the balance of power between one county’s school board and superintendent to the exclusion of all others without any reasonable basis fails the very tests established in our constitutional jurisprudence to discern constitutional infirmity.”

The at-times blistering dissenting opinion of Justice Shea Nickell — who wrote the majority opinion last year — argued the petition for a rehearing was improvidently granted in April, as it “failed to satisfy our Court’s historic legal standard for granting such requests, and nothing changed other than the Court’s composition.”

Nickell wrote that the court disregarded procedural rules and standards, “thereby reasonably damaging perceptions of judicial independence and diminishing public trust in the court system’s fair and impartial administration of justice.”

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“I am profoundly disturbed by the damage and mischief such a brazen manipulation of the rehearing standard will inflict on the stability and integrity of our judicial decision-making process in the future.”

He added that some may excuse the majority’s decision by saying that “elections have consequences,” but that unlike legislators and executive officers being accountable to voters, “judges and justices are ultimately accountable to the law.”

“Courts must be free of political machinations and any fortuitous change in the composition of an appellate court’s justices should have no impact upon previously rendered fair and impartial judicial pronouncements,” Nickell wrote.

Kentucky Attorney General Russell Coleman, whose office defended the law before the court, criticized the new ruling voiding the law.

“I am stunned that our Supreme Court reversed itself based only on a new justice joining the Court,” Coleman said. “This decision is devastating for JCPS students and leaves them trapped in a failing system while sabotaging the General Assembly’s rescue mission.”

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Corrie Shull, chair of the Jefferson County Board of Education, said in a statement he is grateful for the court’s new ruling affirming “that JCPS voters and taxpayers should have the same voice in their local operations that other Kentuckians do, through their elected school board members.”

Spokespersons for the Republican majority leadership of the Kentucky House and Senate did not immediately respond to a request for comment on Thursday’s ruling.

Republican House Speaker David Osborne criticized the move to rehear the case in April, calling it “troubling.”

“Unfortunately, judicial outcomes seem increasingly driven by partisan politics,” Osborne stated. “Kentuckians would be better served to keep politics out of the court, and the court out of politics.”

In August, GOP state Rep. Jason Nemes of Middletown penned an op-ed warning that any ruling overturning the 2022 law could draw a lawsuit challenging the Louisville-Jefferson County merger of 2003 as a violation of the same sections of Kentucky Constitution. That same day, Louisville real estate developer and major GOP donor David Nicklies filed a lawsuit seeking just that.

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Some Republicans have also criticized Goodwine for not recusing herself from the case, alleging she had a conflict of interest due to an independent political action committee heavily funded by the teachers’ union in Louisville spending hundreds of thousands of dollars on ads to help elect her last year.

Louisville attorney and GOP official Jack Richardson filed a petition with the clerk of the Kentucky House in October to impeach Goodwine for not recusing herself. Goodwine said through a spokesperson at the time that it would not be appropriate for her to comment about the impeachment petition.





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Trump considers marijuana rescheduling executive order, Ky. advocates weigh in

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Trump considers marijuana rescheduling executive order, Ky. advocates weigh in


DANVILLE, Ky. (WKYT) – President Donald Trump says he is strongly considering signing an executive order rescheduling marijuana to a lower classification.

The move would loosen federal restrictions but not fully legalize the drug.

Robert Matheny, a CBD shop owner and cannabis advocate in Kentucky for over a decade, said the proposal sounds like a positive step for the cannabis industry but doesn’t think it goes far enough.

“Initial reaction is this is a great thing and a positive step for cannabis rights — and that’s what it was made to sound like to be able to get people to laugh and cheer for it,” Matheny said.

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Matheny said the president’s looming marijuana reclassification could spell bad news for Kentuckians and the industry as a whole. He said the move would put marijuana products under pharmaceutical control and potentially drive-up prices.

“This puts a big profit margin in for the pharmaceutical industry, and this is a giant gift to from our legislators and our president right now to the pharmaceutical industry,” Matheny said.

Matheny advocates for full marijuana decriminalization, a stance that goes a step further than the one publicly supported by Governor Andy Beshear.

In a July letter to President Trump, Beshear advocated in favor of rescheduling marijuana. In the letter, he said making the rules less restrictive would provide access to cannabis for treatment and allow more research.

The federal government currently classifies marijuana as a Schedule I drug. That classification places it alongside other drugs such as heroin and LSD.

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If classified as Schedule III, it would be placed alongside drugs the DEA says have a moderate-to-low potential for physical and psychological dependence such as ketamine and testosterone.

Matheny said even if someone is caught with a Schedule III drug, someone could still be in trouble.

“It’s still a drug. It’s still a pharmacy. If you get caught with over-the-counter pain pills it is still the same as getting caught with fentanyl you got a drug,” Matheny said.

Matthew Bratcher of Kentucky NORML is another marijuana advocate who agrees with Matheny and says legislators should go a step further.

Bratcher said while a meaningful step forward, people would not see full clarity or fairness until cannabis is fully declassified. The longtime cannabis advocate said he will watch to see what is done in Washington.

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It’s unclear when Trump will sign the executive order.



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