West Virginia
New labor rule will prevent coal operators from putting black lung liabilities on taxpayers’ backs • West Virginia Watch
A new final rule was issued by the federal Department of Labor last week that will require coal operators who self-insure to post adequate security bonds that cover all of their black lung benefit liabilities.
The rule comes as a protection for coal miners who currently or could in the future receive black lung benefits, which are supposed to be paid by the operators who employed them and who, through that employment, exposed them to dangerous silica dust that causes black lung disease.
“This is a long-overdue rule that will have a significant impact in helping to ensure benefits to miners who have contracted black lung will be paid, and be paid by those responsible — the coal companies,” said Cecil Roberts, president of the United Mine Workers of America, in an emailed news release earlier this week.
The finalized rule requires self-insured coal companies to post collateral — through surety bonds or other forms — that is equal to 100% of their black lung benefit liabilities.
With the new rule, coal companies that merge or file for bankruptcy will not be able to buck their responsibility for paying out benefits. Roberts said coal companies often use the bankruptcy process to shift these expenses to taxpayers by transferring the responsibility to the federal Black Lung Disability Trust Fund.
“That means taxpayers are now picking up the tab for coal companies that did not adequately protect their workers from dangerous levels of respirable coal dust,” Roberts said in his statement.
The trust fund exists to cover benefits for miners when no specific coal operator can be held responsible for their illness or when the operators fail to pay their share. Self-insured coal operators, however, are obligated to pay their own expenses.
Between 2014 and 2016, bankruptcies at just three coal companies resulted in an estimated $865 million in benefit payments being transferred to the taxpayer-funded trust, according to a 2020 report from the U.S. Government Accountability Office. The new rule came partially in response to that report, Muckian-Bates said.
The finalized rule is especially timely as two of the country’s largest coal producers — Arch Resources and CONSOL Energy — are in the middle of a merger that, once complete, will create a new, $5 billion coal company based in Pennsylvania.
Those companies combined, Muckian-Bates said, report at least $300 million in black lung liability that — without the rule — could potentially be passed on to the trust fund.
Nationwide, Muckian-Bates said, it’s known that black lung benefit liabilities at self-insured coal companies total at least $615 million, but Milliman — a risk analysis consulting group — estimates that amount could actually be much higher, totaling between $9 billion and $14 billion.
Despite the high liability, Roberts said that only $119 million in security has been posted by self-insured coal companies to cover the costs of benefits.
If bankruptcies or mergers occur — which is likely given the ongoing decline in the coal market — the difference between what is posted and what is owed would be passed on to the trust fund, threatening its solvency and the access of benefits for coal miners who rely on it, Muckian-Bates said.
“This is a powerful rule to ensure that as the coal market becomes a bit more unstable — knowing that large companies have used these bankruptcies to shed their liabilities — this ensures that they can’t do that now,” Muckian-Bates said. “They can’t transfer that [liability] to a trust fund that’s … been a target sometimes of certain administrations.”
The rule is scheduled to go into effect on Jan. 11.
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West Virginia
West Virginia Agencies Shielding Details on $1.44B DOE Coal Bail-out Loan from Public – CleanTechnica
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West Virginians Are On the Hook to Pay DOE for Short-Sighted Projects with Big Health Impacts
CHARLESTON, W.Va. — Following two postponements, the West Virginia Department of Commerce has informed Sierra Club’s West Virginia Chapter that there are “no non-exempt records” responsive to the Club’s Freedom of Information Act (FOIA) request pertaining to the U.S. Department of Energy (DOE) plans to loan local utilities $1.44 billion to fund refurbishment projects at six unnamed West Virginia coal-fired power plants.
The DOE and Governor Patrick Morrisey first announced the $1.44 billion in coal refurbishment projects as part of a larger $4.2 billion suite of fossil-fuel expansions in November 2025. The projects are intended to extend the lives of the six coal plants up to 20 years. However, regardless of how long the coal plants manage to continue operating, payments on the low-interest DOE loans will be passed on to West Virginians’ electric bills for decades.
According to the West Virginia Department of Commerce, “certain public records within the scope” of the Sierra Club’s FOIA request are, “exempt from disclosure.” In the January FOIA filing, Sierra Club requested a detailed list of the six plants set to receive loans, as well as information on the cost and the specific upgrades proposed at each plant.
In addition to funding the projects, West Virginians will also shoulder the public health impacts. According to a Sierra Club study, West Virginia’s in-state coal plants currently account for hundreds of expensive hospital visits and 20 West Virginian deaths annually. West Virginia’s coal plants also account for 335 out-of-state deaths annually.
“West Virginians are being kept in the dark,” said Bill Price, Sierra Club West Virginia Chapter Chair. “Our local state agencies, tasked with serving the public interest, are expecting the public to repay billions of dollars in loans — blindfolded. No honest lender operates this way. No reasonable borrower would accept it. So why ask us to go along with the Governor’s deal without any details? In this time of increasing energy costs and high bills, people need to know where their money is going. We will continue to seek the answers and transparency West Virginians deserve.”
“West Virginia’s Freedom of Information Act states quite clearly, ‘The people, in delegating authority, do not give their public servants the right to decide what is good for the people to know and what is not good for them to know. The people insist on remaining informed so that they may retain control over the instruments of government they have created.’ Before the State loads down West Virginia citizens with over a billion dollars in loans, they should at least tell us what this is for, what we have to pay back, and who profits from these loans,” added Jim Kotcon, Conservation Chair for Sierra Club West Virginia.
About the Sierra Club
The Sierra Club is America’s largest and most influential grassroots environmental organization, with millions of members and supporters. In addition to protecting every person’s right to get outdoors and access the healing power of nature, the Sierra Club works to promote clean energy, safeguard the health of our communities, protect wildlife, and preserve our remaining wild places through grassroots activism, public education, lobbying, and legal action. For more information, visit www.sierraclub.org.
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West Virginia
CDC data: West Virginia overdose deaths drop nearly 50% in latest 12-month period
CHARLESTON, W.Va. (WCHS) — New CDC data shows a sharp decline in overdose deaths across West Virginia, dropping nearly 50% over a recent 12-month period. However, the report does not identify a single cause for the decrease.
New CDC data shows a sharp decline in overdose deaths across West Virginia, dropping nearly 50% over a recent 12-month period. However, the report does not identify a single cause for the decrease. (WCHS)
Organizations across the state say progress is likely due to a combination of prevention, treatment and long-term recovery efforts.
The West Virginia First Foundation, which distributes opioid settlement funds, says it has invested heavily in those areas.
“We’ve committed nearly $40 million to over 170 projects throughout the state in those categories,” Executive Director Jonathan Board said.
Board says the collaboration among groups statewide has been key.
“It is all of us and all programs working together with a camaraderie that you rarely see in this space,” he said.
That includes recovery programs like Pollen8, which works directly with people overcoming addiction. Founder and CEO Cheryl Laws says funding has made a noticeable difference.
“There’s momentum, right? That 48% decrease with the funding that has been given is the biggest thing,” Laws said.
While progress is encouraging, Laws says continued effort is critical.
“It has to be a continuum of care. Every piece is important, from harm reduction to longer-term inpatient. I think you see more success rates with that,” she said.
Organizations say maintaining that momentum will be essential to continuing the decline in overdose deaths.
“We still need that momentum going. We just built it. We do not need to go backwards. We need to keep going forward,” Laws said.
Board agrees, emphasizing the long-term impact of the work underway.
“We understand that generations from now people will look back and ask us what we did with the time that was gifted to us. We need to make sure that we respect them,” he said.
West Virginia
West Virginia airport says TSA staffing steady despite shutdown delays nationwide
CHARLESTON, W.Va. (WCHS) — Even as a partial government shutdown continues to cause long lines and delays at major airports across the country, officials at West Virginia International Yeager Airport say operations in Charleston have remained steady so far.
Dominique Ranieri, the airport director, said TSA staffing levels at Yeager have not been hit the way larger airports have been affected.
“Here at CRW, I’m very happy to say that we are holding steady. We are not experiencing nearly the TSA staffing shortages that are hitting the major airports around the country around the country,” Ranieri said.
Airport leaders said Yeager’s smaller size has helped keep passenger volume manageable and security lines moving. They cautioned, however, that travelers could still run into problems after leaving Charleston and landing in larger cities.
Some airports have brought in Immigration and Customs Enforcement to help with crowd control, but Yeager officials said they do not think that will be needed locally.
“No, we have not heard anything about that at all. We’re in contact with them constantly, and we will, of course, support the public as well if we see any changes here at the airport,” said Paige Withrow, the airport’s communications officer.
TSA workers have not been paid since February, and airport officials said community members have stepped in with donations to help workers get by. Ranieri said the situation raises concerns about keeping TSA positions filled over the long term.
“So again, we really want this to end as quickly as possible for the folks here, but for the future security of the new fully staffed TSA throughout the country,” Ranieri said.
Airport leaders also addressed recent backlash over a partisan sign seen in the airport, saying the airport was not responsible for the message.
“TSA does have a dedicated screen that is theirs. So the airport is not affiliated with any messaging that DHS puts on that screen,” Withrow said.
Yeager officials said their concerns also include rising costs tied to international conflict. Ranieri said the recent conflict in Iran has contributed to higher jet fuel prices, forcing fare increases.
“Jet fuel, what we’re experiencing now is what they consider jet fuel shock because the prices have raised so exponentially in a short period of time,” Ranieri said.
Since the shutdown began, airports have lost more than 400 employees nationwide, according to airport officials. At Yeager, Withrow said TSA officers have continued reporting to work.
“Our officers are continuing to show up and work every day, which we appreciate in our community is also stepping up as well with donations,” Withrow said.
Airport ambassadors will continue accepting donations during the shutdown, with a drop-off area inside the airport. Airport leaders said they will provide updates if conditions change.
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