Curtis Tate, Author at West Virginia Public Broadcasting

EPA Plan To Cut Carbon Emissions Would Displace Coal Plants

The Environmental Protection Agency revealed its plan to reduce power plant emissions on Thursday.

As expected, the EPA’s plans will encourage the growth of natural gas and renewables and discourage the continued use of coal to make electricity.

The agency is facing a Supreme Court decision that could potentially constrain its authority to regulate carbon dioxide emissions from power plants under the Clean Air Act.

West Virginia is the lead plaintiff in the case, and the court heard arguments in it last month.

But speaking at an energy conference in Houston, EPA Administrator Michael Regan said the agency has other ways to cut carbon.

The agency will look at strengthening limits on air toxics, including mercury, acid gasses and sulfur dioxide. It will also impose more stringent requirements for storing coal ash and treating wastewater from coal-burning plants.

Such rules could encourage the early retirement of more coal plants.

West Virginia has five coal plants that need to make these upgrades to operate beyond 2028.

While it’s not certain how the new rules could affect those plants, they are likely to cause more closures in other states, and that could reduce demand for coal from West Virginia.

Mining Mutual Insurance Company Board Would Shut Public Out

A bill to create a Mining Mutual Insurance Company raises questions about government transparency.

Senate Bill 1 would exempt the mutual’s five-member board from the state open meetings law and the Freedom of Information Act.

Members of the public and news organizations would not be able to attend or view the board’s activities, nor would they be able to request documents about them.

The company’s board would consist of five political appointees and would oversee at least $50 million in taxpayer funds.

One of the bill’s sponsors, Senate Minority Leader Stephen Baldwin of Greenbrier County, says the company would be private and that the legislature and the Insurance Commissioner would hold it accountable.

The Open Meetings Law, or Sunshine Act, intended for the proceedings of all public agencies to be conducted in the open. The law provides for such agencies to go into executive session, which is not open to the public, when necessary.

Pat McGinley, who teaches law at West Virginia University, says the board’s proceedings should be transparent.

“Under the Freedom of Information Act, those communications would clearly be, most of them would be, open to the public,” McGinley said. “And clearly, the sponsors of this bill and anyone who votes for it wants to keep the public in the dark.”

The bill passed the Senate unanimously in January, and is now in the House of Delegates.

Board Of State Mine Reclamation Insurer Could Operate In Secret

A new board proposed by the legislature to backstop the state’s mine reclamation fund may be able to operate in secret.

Senate Bill 1 would create a Mining Mutual Insurance Company to issue mine reclamation bonds backed by at least $50 million in taxpayer funds.

But as written, the bill would exempt the five-member board from state open meetings laws and the Freedom of Information Act. That means the board’s activities would be shielded from public view.

The board would consist of a chair appointed by the governor. Other members would be appointed by the secretary of the Department of Environmental Protection, the Insurance Commissioner, the Senate president and the House speaker.

Gary Zuckett, executive director of the West Virginia Citizen Action Group, said SB 1 needs more scrutiny in light of last year’s legislative audit of the state mine reclamation program. The audit found the program’s liabilities far exceeded the available funds.

“We really need to lift up this legislative audit,” he said, “The auditors, I think, did their due diligence on this.”

The audit recommended a commission to study the problem. Instead, the legislature has proposed this solution.

Finish Mountain Valley Pipeline To Deter Russia, Manchin Says

U.S. Sen. Joe Manchin has called for the immediate completion of a stalled natural gas pipeline as an alternative to Russian energy.

Manchin said the Mountain Valley Pipeline, which stretches 300 miles across West Virginia and Virginia, can help European countries rely less on Russia for natural gas.

The pipeline is mostly complete but tied up in federal court. Environmental groups have successfully brought the project to a halt over concerns about impacts on waterways and endangered species.

But Manchin, who chairs the Senate Energy and Natural Resources Committee, said the pipeline should be completed now.

“That one pipeline coming out of West Virginia will put 2 billion cubic feet of gas a day into the market,” he said. “That can be accomplished in eight months. They’re 95 percent completed.”

Manchin is leading a bipartisan group of lawmakers in an effort to ban Russian imports of oil, natural gas and coal.

Manchin: U.S. Can Produce More Oil To Offset Russian Imports

U.S. Sen. Joe Manchin drew big bipartisan support for his bill to ban oil imports from Russia.

The Ban Russian Energy Imports Act would block imports of crude oil, petroleum products, liquefied natural gas and coal.

Manchin’s bill aims to punish Russia’s Vladimir Putin for waging war against Ukraine.

Manchin said U.S. energy producers could make up for it by increasing production to where it was before the coronavirus.

“The United States of America in 2019 produced 12 million barrels a day – 12.3 – we’re down to 11.2 because of COVID,” he said. “The market dropped off. We have no problem at all ramping back up with what we already have ready to go.”

U.S. consumers have already seen a spike in energy prices from last year because of a sharp rise in demand as the economy recovered from the pandemic.

A disruption in energy supplies could drive prices even higher.

Capito: West Virginia Energy Can Help Europe Rely Less On Russia

As Russia wages war on Ukraine, there are increasing calls to block imports of Russian energy. West Virginia could play a role, but there are challenges.

U.S. Sen. Shelley Moore Capito says the state’s energy producers need a way to get coal and natural gas to coastal export terminals.

Right now, she says, coal producers are coming up short on railcars to move coal for export. West Virginia coal moves to foreign markets through terminals in Norfolk and Newport News, Virginia.

Natural gas producers need access to the Cove Point export terminal in southern Maryland.

“I see us as an energy producer to be in a good spot economically to be able to help,” Capito said. “You hate to have the reason, but I do think West Virginia can play a part here.”

On Thursday, Capito said she’d support a bipartisan bill introduced by Sen. Joe Manchin to ban imports of oil from Russia.