West Virginia

New labor rule will prevent coal operators from putting black lung liabilities on taxpayers’ backs • West Virginia Watch

Published

1 year ago

December 19, 2024

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 man accused of threatening Trump, ICE agents indicted

Published

6 minutes ago

March 4, 2026

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West Virginia man accused of threatening Trump, ICE agents indicted

CLARKSBURG, W.Va. (WCHS) — A West Virginia man accused of threatening to attack President Donald Trump and U.S. Immigration and Customs Enforcement workers was federally indicted this week.

Cody Lee Smith, 20, of Clarksburg was indicted on two counts of threats to murder the president, one count of influencing and retaliating against federal officials by threat of murder and one count of influencing a federal official by threat of murder, according to a news release from the U.S. Attorney’s Office for the Northern District of West Virginia.

Smith is accused of making a series of public posts on Instagram encouraging and threatening the murder of Trump, those who support him, Israelis and “all government officials,” the news release said.

The indictment also alleges that Smith sent a direct message via Instagram to Donald J. Trump, Jr., stating he would kill his father by cutting his “jugular.”

In a phone call with the ICE tip line, Smith also threatened to kill ICE agents in Clarksburg and employees staffing the tip line.

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Smith faces up to 5 years for each of the presidential threat charges and faces up to 10 years in federal prison for each of the remaining counts.

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West Virginia

West Virginia falls flat in 65-63 loss to Kansas State – WV MetroNews

Published

12 hours ago

March 4, 2026

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West Virginia falls flat in 65-63 loss to Kansas State – WV MetroNews

West Virginia has said the right things about the need to capitalize on opportunities.

The Mountaineers aren’t following through when they come about.

The latest example came Tuesday night at Kansas State, which scored 21 unanswered points in the second half before holding off a furious West Virginia charge for a 65-53 victory at Bramlage Coliseum.

“The level of urgency and desire to win a game with so much on it wasn’t where it needed to be,” West Virginia head coach Ross Hodge said on postgame radio.

The Wildcats (12-18, 3-14) played without leading scorer PJ Haggerty, a surprise scratch with an undisclosed injury.

Although WVU (17-13, 8-9) defeated Kansas State 59-54 with Haggerty in the lineup during a January matchup in Morgantown, the Mountaineers were unable to capitalize on his absence in the rematch and fell to 1-4 in their last five games.

Both teams were dismal offensively in the opening half, which ended with West Virginia leading, 26-23.

The Mountaineers got 10 points apiece from reserve forwards Chance Moore and DJ Thomas, helping the visitors to at least somewhat overcome a starting lineup that scored six points on 3-for-15 shooting over the first 20 minutes.

“When you’re playing a team that is a little down and out, you can’t give them life and can’t give them hope,” Hodge said. “We had so many opportunities in the first half and at the beginning of the game to make some plays and entice a team that’s been struggling to maybe keep struggling.”

After a scoreless first half, WVU guard Honor Huff made his 100th three-pointer this season with 18:33 to play, allowing the Mountaineers to lead 31-27.

West Virginia went the next 8-plus minutes without a point, and Wildcats took control during that stretch.

Khamari McGriff scored the Wildcats’ first four points of the extended 21-0 spurt and accounted for four buckets and eight of the first 15 points during that time.

A jumper from CJ Jones with 10:53 remaining left the home team with a 48-31 advantage, before Thomas scored from close range to end his team’s extended drought at the 10:27 mark.

“I’m aware of our shortcomings and I understand when you’re deficient in some areas, your margin for error to win is razor thin,” Hodge said. “I’m disappointed with what was at stake, we got beat to loose balls. Would it have been nice to make more layups and threes? Of course. But when those things aren’t happening, you better do those other things.”

KSU had separate 19-point leads, the latter of which came at 57-38 when McGriff made two free throws with 7:29 to play.

WVU then increased its aggressiveness offensively and reeled off the next 11 points, while the Wildcats began to play tentative while in possession.

A three-pointer from K-State’s Nate Johnson left the Wildcats with a 60-49 lead with 3:48 left, but the Mountaineers continued to battle and trailed by six when Chance Moore scored in the paint at the 1:24 mark.

Moore’s next basket made it a five-point game, and after a Johnson turnover, Huff made two free throws to bring WVU to within 61-58 with 48 seconds left.

Another KSU turnover gave the visitors the ball back, but after Moore missed a shot that the Mountaineers rebounded, Huff committed a costly turnover.

Johnson made two free throws with 17 seconds left, and McGriff added two more with 7 seconds remaining before Huff made a trey at the buzzer.

Moore led WVU with 18 points and made 6-of-7 shots, but again struggled on free throws, finishing 5 for 9. WVU hurts its cause at the charity stripe and made only 9-of-16 attempts.

Brenen Lorient was the Mountaineers’ second-leading scorer with 14 second-half points, while Thomas followed with 12 and Huff added 11 on 3-for-11 shooting.

Treysen Eaglestaff led all players with 11 rebounds in defeat, but made only 3-of-12 shots in a six-point showing.

McGriff led KSU with 18 points and added seven rebounds.

Johnson finished with 16 points and nine boards.

WVU had nine of its 13 turnovers in the second half.

“Nine turnovers in the second half creates more busted floors, more cross match opportunities and through that, it makes you vulnerable for paint touch opportunities,” Hodge said.

K-State played under the guidance of interim head coach Matthew Driscoll. Driscoll replaced Jerome Tang, who was fired in between the team’s first and second matchups with West Virginia this season.

“Sometimes in life you get what you deserve,” Hodge said, “and we deserved to lose tonight.”

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West Virginia

Nitro completes utility deal with West Virginia American Water – WV MetroNews

Published

1 day ago

March 3, 2026

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Nitro completes utility deal with West Virginia American Water – WV MetroNews

Photo: Dave Casebolt, left, signed an agreement Tuesday with West Virginia American Water Company President Scott Wyman (City of Nitro)

NITRO, W.Va. — It’s a done deal.

Nitro Mayor Dave Casebolt signed an agreement Tuesday with West Virginia American Water Company President Scott Wyman completing the sale of the Nitro Regional Wastewater Utility including the sewer plant for $20 million.

The water utility will now own and operate the city’s water and wastewater systems. The state Public Service Commission recently approved the deal.

Casebolt said it’s good to get the long-talked-about agreement signed. He said the city can’t afford to make the improvements required at the sewer plant.

“We’re looking at needing between 40 and 50 million dollars of upgrades to our system and expecting our four-thousand customer base to try to offset those costs is not even practical,” Casebolt said.

Casebolt said sewer bills are going to go up but he said they were going to go up regardless. He said the city was facing increasing rates by as much as 50 percent.

West Virgina American is planning $42 million in upgrades to the sewer system over the next five years, Casebolt said.

“It’s a much-need investment and actually allow the system to handle rainwater much better where it’s not backing up into people’s homes,” Casebolt said.

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