Curtis Tate, Author at West Virginia Public Broadcasting

Power Player: How Manchin Is Key To Biden’s Energy, Climate Goals

On Earth Day, President Joe Biden convened world leaders for a climate summit, where he laid out an ambitious goal for U.S. policy on climate change.

“The United States sets out to cut our global warming emissions in half by the end of the decade,” Biden said. “That’s where we’re heading as a nation.”

But Biden has 50 votes in an evenly divided Senate, and unless he can persuade a Republican to cross the aisle, he can’t get anything done without West Virginia Democrat Joe Manchin.

As Biden attempts to cut carbon emissions and clean up the electric power sector, Manchin can shape energy legislation to help Appalachian coal communities that have lost jobs.

Manchin has a unique and powerful position in Washington. His influence on energy policy could have tremendous influence on the state, the Ohio Valley region, and the nation at large.

“As chairman of the Senate Energy and Natural Resources committee, ensuring all coal miners aren’t left behind as America transitions to a cleaner energy future is one of my top priorities,” he said at an event on Monday about the energy transition hosted by the National Press Club.

West Virginia has lost more than 10,000 coal jobs since 2011. Those jobs are not likely to come back as coal has fallen out of favor to natural gas, wind and solar for producing electricity.

Manchin wants to preserve as many of the remaining coal jobs as he can.

He’s pushing for federal funding to develop carbon capture and storage technology, which could help extend the life of some coal-burning facilities.

Carbon capture and storage has long been an elusive goal for the Department of Energy, which invested heavily in research projects to remove CO2 from coal power plant emissions. Similar efforts to apply the technology to commercial facilities have also failed.

Manchin wants tax credits so that solar panels and wind turbines can be built in West Virginia by workers who have been laid off, instead of being made overseas.

“Please give them a chance,” he said. “They’ll build you the best darn windmill you’ve ever seen; the best solar panel.”

Manchin’s influence extends beyond energy, to infrastructure, tax policy and executive branch nominees.

He opposed Neera Tanden, Biden’s nominee to lead the Office of Management and Budget. Tanden withdrew her nomination last month.

He’s pushed back on parts of Biden’s $2 trillion infrastructure plan, including the size of the tax increases that would pay for it.

James Van Nostrand, who teaches law at West Virginia University and is director of the Center for Energy and Sustainable Development there, said Manchin is in a good spot for his state.

“He’s got a lot, a lot of clout right now,” Van Nostrand said. “And he’s, you know, in a real critical position to be able to do some good for West Virginia.”

So far that clout has translated into funding for the state and appointments for West Virginians. He’s been much sought after by news reporters.

“It’s got to be kind of fun for him,” Van Nostrand said.

Last month, Biden nominated Manchin’s wife, Gayle, to the Appalachian Regional Commission.

This month, the Energy Department announced a $15 million grant for geothermal research at West Virginia University.

Brian Anderson, who heads an Energy Department laboratory in Morgantown has been appointed to lead the administration’s work group tasked with assisting coal and power plant communities.

Anderson will serve as executive director of the White House Interagency Working Group on Coal and Power Plant Communities and Economic Revitalization.

The geothermal research in Morgantown is part of $109.5 million in Energy Department funding intended to support job creation in communities hit hardest by the decline in fossil fuels.

“The coal and power plant workers who built our nation can play a huge role in making America’s clean energy future a reality,” Energy Secretary Jennifer Granholm said in a statement.

The initiative includes money for research into extracting earth minerals from coal waste as well as carbon capture and storage.

Manchin praised the White House for its focus on helping places that contributed to the nation’s economy for many generations.

“I am encouraged to see President Biden acknowledge these contributions and start to allocate the resources that will be required to reinvest in these communities who have suffered huge job losses,” Manchin said in a statement.

Granholm knows Manchin from the days when they were both governors of Michigan and West Virginia, respectively. His Senate committee confirmed her, and she considers him a partner.

“He is an ally in this fight,” Granholm said. “He wants to make sure that coal miners are not left behind.”

In the coming weeks and months, the White House will be making more calls to Manchin’s office. And that could be a lifeline for struggling communities in West Virginia.

The Ohio Valley ReSource gets support from the Corporation for Public Broadcasting and our partner stations.

Judge Sides With Union Carbide In Lawsuit Over Water Pollution From South Charleston Landfill

A federal judge in Charleston has ruled in favor of Union Carbide in a lawsuit.

In a 90-page decision published Monday, Senior U.S. District Court Judge John Copenhaver denied an application for a temporary restraining order by the Courtland Co.

Courtland is suing Union Carbide over pollution from an industrial landfill in South Charleston into two streams near property both companies own. The court’s decision means the company won’t be required to take immediate action to stop water pollution from the landfill.

Courtland’s attorneys filed the request in February. They also filed a lawsuit alleging the site was in violation of the federal Clean Water Act.

“The main goal is to get a judge to order Union Carbide to stop polluting the people of South Charleston, and polluting my client’s property,” attorney Mike Callaghan said in February. He represents Courtland in the suit.

Copenhaver held a three-day hearing on Courtland’s request in late February and early March.

Union Carbide argued that the West Virginia Department of Environmental Protection should oversee the case, not federal regulators.

In his decision, Copenhaver agreed.

State officials in October issued a violation against Union Carbide under the West Virginia Water Pollution Control Act based on evidence that the landfill was polluting the streams. The company appealed, and a hearing is set for May 13.

Courtland has filed a total of three lawsuits against Union Carbide since 2018 over the South Charleston industrial landfill.

WV Remembers Upper Big Branch Mine Disaster On 11th Anniversary

Monday marks 11 years since the Upper Big Branch coal mine disaster in Raleigh County, where 29 miners were killed on April 5, 2010.

Federal mine safety investigators determined that a buildup of methane gas and coal dust led to the explosion at the Massey Energy-owned mine. It was the worst mine disaster in 40 years.

Massey CEO Don Blankenship was convicted in December 2015 of conspiracy to violate mine safety and health standards.

He served one year in prison and paid a $250,000 fine. Other Massey executives and mine officials were convicted and sentenced to prison for their roles in the disaster.

Massey was sold to Alpha Natural Resources in 2011. Alpha paid a $210 million settlement with the families of the workers and to address years of safety violations.

According to the federal Mine Safety and Health Administration, 48 coal mine workers died nationwide in 2010. In 2020, with a sharp decrease in coal production and employment, only five workers died.

An event marking the 10^th anniversary of the Upper Big Branch disaster last year was canceled because of the COVID-19 pandemic.

Sen. Joe Manchin, who was governor at the time of the disaster, said he thinks about it every day.

“Not a day goes by that I don’t think of those lost that day,” he said. “I will never forget.”

Biden’s $2 Trillion Proposal Could Boost Ohio Valley Infrastructure And Clean Up Energy Sector

President Joe Biden is touting a broad-sweeping national infrastructure improvement plan that could have implications for the Ohio Valley region over water quality and access, broadband and river commerce.

President Joe Biden’s infrastructure plan contains tens of billions of dollars to address environmental and economic issues throughout the Ohio Valley region, according to details released Wednesday by the White House.

Biden’s predecessor, Donald Trump, had promised a major infrastructure initiative, but one never got traction during his four years in office.

Speaking in Pittsburgh Wednesday, Biden called his plan the largest jobs investment since World War II.

“It’s not a plan that tinkers around the edges,” he said. “It’s a once-in-a-generation investment in America, unlike anything we’ve seen or done since we built the interstate highway system and the space race decades ago.”

The plan includes $16 billion to plug thousands of abandoned oil and gas wells and reclaim hundreds of coal mines. The administration says the effort would create thousands of union jobs in communities hurt by the decline of fossil fuel production.

Biden proposes a $40 billion program to retrain dislocated workers for jobs in growing sectors such as clean energy, manufacturing and caregiving.

The plan includes more than $100 billion in grants and loans to improve water, wastewater and stormwater infrastructure and eliminate all lead pipes and service lines that supply drinking water. That could help rural communities in the region with aging water systems, such as eastern Kentucky’s Martin County, which has struggled to maintain its water system.

Comparing high-speed internet to electricity 100 years ago, Biden’s plan proposes $100 billion to bring reliable broadband to rural areas and tribal lands.

A $17 billion investment in ports and inland waterways could help improve infrastructure for commerce on the Ohio River and other navigable rivers in the region.

The plan commits $50 billion to improving the resilience of infrastructure to the effects of climate change, including floods and wildfires.

The plan calls for a massive modernization of the nation’s electric power grid and encourages clean energy generation and storage. It would establish 10 demonstration projects to capture and store carbon emissions from industries such as steel, chemicals and cement.

It would remediate and redevelop former energy and industrial sites and promote economic development through the Appalachian Regional Commission’s POWER grant program.

As with traditional infrastructure bills in past administrations, Biden’s invests heavily in roads, bridges and transit systems.

Republicans said the plan didn’t spend enough on infrastructure and criticized the tax increases that would pay for it. It also didn’t sit well with lawmakers from fossil fuel producing states.

“The proposal would aggressively drive down the use of traditional energy resources and eliminate good-paying jobs in West Virginia and across the country,” said Shelley Moore Capito of West Virginia, the top Republican on the Senate Environment and Public Works Committee. “Perhaps worst of all, it would burden the American economy with tax increases as our country attempts to recover from economic hardship.”

The $2 trillion plan relies on an increase in the corporate tax rate and faces uncertain prospects in a closely divided Congress. Infrastructure is one issue that can typically get bipartisan support.

“Unfortunately,” said Senate Republican leader Mitch McConnell of Kentucky, “the latest liberal wish-list the White House has decided to label ‘infrastructure’ is a major missed opportunity.”

Biden’s plan also calls to eliminate billions of dollars in tax preferences for fossil fuel producers. The president has set a goal of achieving net-zero carbon emissions by 2050.

Biden Picks Gayle Manchin, Wife of WV Senator, To Lead Appalachian Regional Commission

President Joe Biden has nominated Gayle Manchin, the wife of West Virginia Sen. Joe Manchin, to co-chair the Appalachian Regional Commission, the White House announced Friday.

The commission was created in 1965 as part of an antipoverty effort under President Lyndon Johnson. It serves 420 Appalachian counties across 13 states from southern New York to northeast Mississippi and has invested $4.5 billion in the region since its creation. All 55 of West Virginia’s counties fall under the commission.

The agency promotes economic development, job training, and investments in infrastructure and the region’s cultural and natural assets.

Joe Manchin is a key Senate Democrat who chairs the Energy and Natural Resources Committee. As a moderate, Manchin’s vote has been critical for Biden’s agenda in an evenly split chamber.

Gayle Manchin is a career educator who was West Virginia’s first lady from 2005 to 2010 and a member of the state board of education from 2007 to 2015.

In 2017, Gov. Jim Justice appointed her as cabinet secretary for the Office of Education and the Arts but fired her in 2018 amid a dispute over the state legislature’s attempts to restructure the department.

Her nomination to the commission will require Senate confirmation.

Study Shows Bias, Conflicts Of Interest Among Doctors Who Read Black Lung X-rays

Doctors hired by coal companies in black lung cases are far less likely to diagnose the disease in X-rays than are independent doctors or those who are hired by coal miners, a new study has concluded, pointing to conflicts of interest in the system that sick miners use to receive assistance.

The doctors who worked for coal companies to read the chest X-rays of miners found an absence of the disease nearly 85% of the time, according to the authors of the study, published Friday by the University of Illinois Chicago School of Public Health’s Division of Environmental and Occupational Health Sciences. In contrast, the doctors whose clients were coal miners found an absence of black lung a little more than 51% of the time.

“The more frequently a physician is hired by the employer/mine-operator to provide a medical opinion related to workers compensation cases for black lung disease, the more likely that physician will not identify black lung disease on a chest X-ray,” the study concluded. “The opposite is true too.”

The study, published in the Annals of the American Thoracic Society, looked at 264 specialists in pulmonology and radiology who reviewed X-rays for more than 37,000 miners from 2000 to 2013. The study examined more than 7,000 court decisions in black lung claims cases from 2002 to 2019 to determine who hired the doctors involved.

The study found that coal companies paid their doctors up to 10 times more compared to doctors hired by miners or their advocates.

“The miners are not paying that much to people reading X-rays on their behalf,” said Robert Cohen, a pulmonologist at the University of Illinois Chicago and one of the study’s authors.

Cohen said that the general market fee for physicians who read X-rays for black lung runs $75 to $100, while those hired by coal companies can be paid as much as $750 to $1,000.

“It’s just what the market will bear,” he said. “Folks that have a lot of money can pay a lot of money to get the readings that they desire.”

Central Appalachia has seen a resurgence of black lung disease in coal miners in recent years, particularly in Kentucky, West Virginia and Virginia. A 2018 federal study found that 1 in 5 Central Appalachian miners had the disease, versus 1 in 10 miners nationwide.

The study Cohen co-wrote illustrates the difficulty facing coal miners in obtaining federal workers’ compensation benefits for black lung disease, and the absence of a “gold standard” for determining who has it. Its authors recommend a series of changes to eliminate conflicts of interest and make the system fairer.

For example, it concludes that the U.S. Department of Labor should have a more active role in making black lung evaluations more objective. The study shows that doctors who have worked only for the department were less biased in their black lung determinations than those who worked for either coal companies or coal miners.

Researchers also recommend giving the National Institute for Occupational Safety and Health, which certifies the doctors who review black lung cases, more power to weed out those who are proved to be consistently biased or inaccurate in their assessments.

In an unattributed statement from NIOSH, the agency said it has a process in place to decertify doctors who submit inaccurate classifications in black lung cases. The agency declined to say how many doctors it had decertified.

Additionally, Cohen said doctors should be required to disclose how much they were paid to review black lung cases.

NIOSH does not have the authority to regulate the compensation of doctors in black lung cases, the agency said.

A bill introduced in 2015 by members of Congress from Appalachian coal states attempted to address the issue, in part by establishing a pilot program to create an independent medical review panel for black lung cases. It did not become law.

“It’s a tough, adversarial system, and it’s hard to legislate it,” Cohen said. “But we really have to pay attention to that and in every way that we can make it as level a playing field as possible.”

Wes Addington directs the Appalachian Citizens’ Law Center in Whitesburg, Kentucky, which works with coal miners seeking black lung claims. Addington said the study affirms what he and his colleagues see in the claims process.

“This type of bias has real world implications for deserving miners and their survivors,” he said. “That sort of bias that could knock miners out of not only what’s a fairly meager monetary benefit per month, but also health insurance to treat their conditions.”

ReSource reporter Katie Myers at partner station WMMT contributed to this story.