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.
GET THE MORNING HEADLINES.
CHARLESTON, W.Va. — The following events happened on these dates in West Virginia history, compiled by the West Virginia Humanities Council from its online encyclopedia, e-WV.
April 19, 1896: Writer Melville Davisson Post was born in Harrison County. His best-known works are the Randolph Mason series, published in three volumes, and the more successful collection Uncle Abner: Master of Mysteries.
April 19, 1902: Author Jean Lee Latham was born in Buckhannon. She wrote a number of children’s books, including Carry On, Mr. Bowditch, which won the 1956 Newbery Award.
April 20, 1823: Gen. Jesse Lee Reno was born in Wheeling. He graduated from West Point in 1846 with another cadet from western Virginia, Thomas J. Jackson, later known as “Stonewall.” Reno was the highest-ranking officer from present West Virginia killed in the Civil War.
April 20, 1863: President Abraham Lincoln issued a proclamation that in 60 days, West Virginia would become a state. The occasion was marked 100 years later during the state’s Centennial celebration with a special ceremonial session of the West Virginia Legislature on April 20, 1963, in Wheeling.
April 20, 1909: Fiddler Melvin Wine was born near Burnsville in Braxton County. A favorite of old-time music enthusiasts nationally, he was chosen as a National Heritage Fellow in 1991 by the National Endowment for the Arts — the highest recognition given to a folk artist in the United States.
April 20, 1939: Poet Irene McKinney was born in Belington, Barbour County. Gov. Gaston Caperton appointed her state poet laureate in 1993, and she served in that capacity until her death in 2012.
April 21, 1908: Musician Phoeba Cottrell Parsons was born in Calhoun County. Parsons’ traditional clawhammer banjo style, unaccompanied ballad singing, riddles and storytelling have influenced countless younger musicians.
April 21, 1936: President Franklin Roosevelt established the Jefferson National Forest. The West Virginia portion of the forest includes about 19,000 acres in Monroe County.
April 22, 1908: Marshall “Little Sleepy” Glenn was born in Elkins. Glenn coached basketball at West Virginia University from 1934 to 1938 and football from 1937 to 1940. He was inducted into the WVU Sports Hall of Fame in 1992.
April 22, 1948: Grammy-nominated singer-songwriter and musician Larry Groce was born in Dallas, Texas. He is best known as the longtime host and artistic director of the Mountain Stage radio program.
April 22, 2003: Activist Judy Bonds, a Raleigh County native, received the Goldman Environmental Prize for her fight against mountaintop removal mining. Her efforts inspired thousands and turned a local West Virginia issue into a national cause.
April 23, 1857: Andrew S. Rowan was born in Gap Mills, Monroe County. Rowan, a military officer, was chosen as the messenger when President William McKinley wanted to send a message to Cuban Gen. Calixto Garcia during the Spanish-American War. The 1899 pamphlet A Message to Garcia made the incident famous.
April 24, 1865: McNeill’s Rangers surrendered to Union troops at New Creek — now Keyser. The Confederate guerrilla force probably never numbered more than 100 men at any time but managed to inflict regular damage on Union operations.
April 25, 1863: In what became known as the Jones-Imboden Raid, about 1,500 Confederate soldiers under Gen. William “Grumble” Jones advanced through Greenland Gap, a deep pass through New Creek Mountain in present Grant County. The Confederates encountered 87 Union soldiers who held off several assaults before finally surrendering.
April 25, 1923: Union leader Arnold Ray Miller was born at Leewood on Cabin Creek in Kanawha County. In December 1972, he defeated Tony Boyle to become president of the United Mine Workers and served until 1979.
e-WV is a project of the West Virginia Humanities Council. For more information, contact the council at 1310 Kanawha Blvd. E., Charleston, WV 25301, call 304-346-8500 or visit wvencyclopedia.org.
During the Gold-Blue spring game on Saturday, the West Virginia coaching staff named wide receiver Cyrus Traught the recipient of the 2026 Tommy Nikolich Award.
The award, which is always given out at the end of spring ball, recognizes a walk-on team member who has distinguished himself through his attitude and work ethic. The award is presented in memory of Tommy Nickolich, a former WVU player (1980-82) who passed away from cancer in 1983.
Traugh is a Parkersburg native and graduate of Parkersburg South High School. He began his career at Youngstown State before transferring back home to play for the Mountaineers last season. In his final year with the Penguins, he logged 36 receptions, 409 yards, and a team-leading five touchdowns, two of which came against Pitt.
During the 2025 campaign with the Mountaineers, he saw action against Robert Morris and Kansas, playing 10 snaps against the Jayhawks, but did not record any stats.
Head coach Rich Rodriguez has mentioned him twice this spring as someone who has been doing some good things and making progress. Wide receivers coach Ryan Garrett also showed him some love during his press conference last week.
The Mountaineers completely revamped the wide receiver room this offseason, upping the level of talent at both inside and outside receiver spots, but perhaps Traugh can work his way into the mix if he puts together a strong summer and fall camp. If he’s not a regular in the rotation, he’ll serve as a quality depth piece who can play special teams.
Past Nickolich Award winners:
2025: Clay Ash, RB
2024: Avery Wilcox, S
2023: C.J. Cole, WR
2022: Nick Malone, OL
2021: Graeson Malashevich, WR/H
2020: Osman Kamara, S
2019: Jake Abbott, LB
2018: Evan Staley, K
2017: Nick Meadows, LS
2016: Jon Lewis, DL
2015: Justin Arndt, LB
2014: Michael Calicchio, OL
2013: Connor Arlia, WR
2012: Tyler Anderson, DE
2011: Ryan Nehlen, WR
2010: Matt Lindamood, FB
2009: Josh Taylor, DL
2008: Adam Hughes, LS
2007: Andy Emery, LB
2006: Tim Lindsey, LS
2005: George Shehl, H/DB
2004: Jeff Noechel, LB
2003: John Pennington, WR
2002: Moe Fofana, RB
2001: Jeremy Knapp, TE
2000: Ben Collins, LB
1999: Bryan Lorenz, LB
1998: Mark Corman, TE
1997: David Lightcap, DB
1996: Matt Ceresa, OL
1995: Rob Keys, DB
1994: Randy Fulmore, DB
1993: Matt McCulty, WR
1992: Brett Parise, WR, Ray Wilcox, LB
1991: Keith Taparausky, RB
Follow
Enter your email and we’ll send a secure one-click link to sign in.
WVNS is provided by Nexstar Media Group, Inc., and uses the My Nexstar sign-in, which works across our media network.
Learn more at nexstar.tv/privacy-policy.
WVNS is provided by Nexstar Media Group, Inc., and uses the My Nexstar sign-in, which works across our media network.
Nexstar Media Group, Inc. is a leading, diversified media company that produces and distributes engaging local and national news, sports, and entertainment content across its television and digital platforms. The My Nexstar sign-in works across the Nexstar network—including The CW, NewsNation, The Hill, and more. Learn more at nexstar.tv/privacy-policy.
-
Pennsylvania27 seconds agoMother, 6 children die in Central Pennsylvania house explosion, state police say
-
Rhode Island6 minutes agoThe Real Housewives of Rhode Island Recap: Wrong Side of the Tracks
-
South-Carolina12 minutes agoSouth Carolina Lottery Pick 3, Pick 4 results for April 19, 2026
-
South Dakota18 minutes agoFCS Football Recruiting Roundup: South Dakota, Montana State Target 2027 Defensive Standouts
-
Tennessee24 minutes agoNashville Sounds and Autism Tennessee partner to host inclusive Beyond the Label Day for local children
-
Texas30 minutes agoTexas A&M Forward Transfer Seemingly on Visit to See Lady Vols Basketball | Rocky Top Insider
-
Utah36 minutes agoGolden Knights vs. Mammoth Game 1 prediction: NHL odds, picks, best bets for Stanley Cup Playoffs
-
Vermont42 minutes agoVermont lawmakers reject digital lottery initiative – Valley News