Superfund Sites, Education Emergencies And The Attorney General’s Role, This West Virginia Week

On this West Virginia Week, Gov. Jim Justice declared a state of emergency for the state’s educational system. We’ll also learn more about a group of organizations asking the state Supreme Court to side with Cabell County and Huntington in their lawsuit against opioid distributors. And we’ll hear about a South Charleston landfill listed as a Superfund site.

On this West Virginia Week, Gov. Jim Justice declared a state of emergency for the state’s educational system. We’ll also learn more about a group of organizations asking the state Supreme Court to side with Cabell County and Huntington in their lawsuit against opioid distributors. And we’ll hear about a South Charleston landfill listed as a Superfund site.

We’ll also talk about new investments in energy communities spurred by tax credits and federal programs. We’ll dive into the attorney general’s role in the state and what each candidate brings to the upcoming election. And we’ll learn about a group that works to give prisoners access to books.

Emily Rice is our host this week. Our theme music is by Matt Jackfert.

West Virginia Week is a web-only podcast that explores the week’s biggest news in the Mountain State. It’s produced with help from Bill Lynch, Briana Heaney, Chris Schulz, Curtis Tate, Emily Rice, Eric Douglas, Jack Walker, Liz McCormick and Randy Yohe.

Learn more about West Virginia Week.

Candidates In Attorney General Primary Explain Their ‘Missions’

The four primary candidates running for AG, two Republicans and two Democrats, have diverse views on the overall mission of the office.

The attorney general’s (AG) job according to state code is to enforce West Virginia’s laws as they relate to – listed in order – consumer protection, unfair trade practices, civil rights and other important areas.

The four primary candidates running for AG, two Republicans and two Democrats, have diverse views on the overall mission of the office.     

Sen. Mike Stuart, R-Kanawha, and former U.S. attorney for West Virginia’s Southern District, said the attorney general’s mission goes into two separate buckets, the first being advancing freedoms by pushing back against federal overreach.  

“The freedom to drill, frack and mine. I call it the beautiful bounce for energy beneath our feet,” Stuart said. “The freedom to push back against federal overreach that tries to shut down our jobs, that fights against our values. We’ve really gotten to a point of great federal intervention in every aspect of our lives, whether it’s education, whether it’s the transgender radical movements that we see today, whether it’s the second amendment, it’s the attorney general, the only person who can take on the federal government to push back when they try to cram their values down our throats.”

Democratic AG candidate Richie Robb, a Vietnam veteran and former eight-term South Charleston mayor, said consumer protection leads his mission list. Robb plans to focus on utility bills and combating fraud. 

“First of all, stepping in to assist the Public Service Commission and their consumer advocacy group in combating utility rate increases as well as utility services,” Robb said. “We have the fourth highest utility rates in the country, and the highest number of power outages. On fraud, it seems to be more prevalent now, and more dangerous, that’s the word I use particularly with respect to the internet and artificial intelligence.”

Like Stuart, Republican candidate, and State Auditor J.B. McCuskey said the attorney general’s mission is two pronged. The first prong; to defend the laws and values of West Virginia against people who want to change them to their own preference.  

“What we see is that people from D.C. and New York and California don’t want family centered, traditional value states that depend on natural resources for their economy to be successful,” McCuskey said. “You have unelected bureaucrats throughout the federal government, overstepping their legal and constitutional bounds, in order to fulfill political ideologies.”

Wheeling attorney Teresa Toriseva is the other Democratic attorney general candidate. She said the key to the AG’s mission is to prosecute civil lawsuits where citizens and taxpayers are harmed.

“There are laws, and I trust laws, that only the attorney general can prove damages in a certain way that allows you to actually collect damages for taxpayers,” Toriseva said. “We have bad actors in every single industry, and those actors need to be regulated by some law enforcement agency, and that’s the attorney general. The way the attorney general helps with those simple but pervasive fraud is through education information. One of the things that I want are more satellite offices around the state.”

Stuart said consumer protection is found in bucket two of his AG’s mission. He began that second bucket answer with attacking the drug problem.  

“Consumers need protection from the drug dealers that are violating our families, killing our kids and destroying our communities,” Stuart said. “I spent years on the front lines of the opiate crisis. When it comes to traditional consumer protection, whether it’s Medicaid fraud, whether it’s landlord-tenant relationships, whether it’s getting ripped off by a utility company, I intend to be incredibly aggressive.“

Robb said he would not be in lockstep with the current AG’s practice of joining in multi-state lawsuits against the federal government.

“I’m not saying I would not do that. But I would look at it with a great deal of circumspection,” Robb said. “I think if it’s something that I believe will benefit the people of West Virginia, as opposed to a political agenda, I wouldn’t cast it aside with respect to the opioid settlements. But in many senses it’s closing the barn door after the horse has already got out. It’s trying to recoup losses and damages that have already been expended. I want to stop them before they happen.”

McCuskey said his second mission for AG is working as the state’s lawyer, representing citizens and all state government bureaucracies.  

“Whoever the next governor is, is going to be relying on me as the attorney general to help them reorganize our bureaucracy in a way that is taxpayer centered,” McCuskey said. “In a way that emphasizes efficiency and effectiveness over added spending. And what I mean by that is, we don’t have a spending problem in West Virginia, we have a process problem. It’s high time that we start requiring our agencies to reform their process, as opposed to always blaming a lack of funding for their lack of results.”

Toriseva said a key to her mission as AG is transparency and trust, something she said the current office holder lacks. 

“I don’t believe that the current AG has the trust of the voters,” Toriseva said. “I do not think that it is the AG’s job to be a partisan hack. My work has largely been representing public employees for the last decade, I mean, taxpayers, paid employees, first responders and whatnot. And that means that a lot of my work isn’t in the public eye and easy to read about.”

Voters can consider these differing candidate opinions on the mission of the attorney general’s office before casting their ballots on May 14.

Attorney General Race And A Conversation With Poet, Professor Sara Henning, This West Virginia Morning

On this West Virginia Morning, according to state code, the attorney general’s job is to enforce West Virginia’s laws as they relate to – listed in order – consumer protection, unfair trade practices, civil rights and other important areas. As Randy Yohe shows us, the four primary candidates running for attorney general, two Republicans and two Democrats, have diverse views on the overall mission of the office.

On this West Virginia Morning, according to state code, the attorney general’s job is to enforce West Virginia’s laws as they relate to – listed in order – consumer protection, unfair trade practices, civil rights and other important areas. As Randy Yohe shows us, the four primary candidates running for attorney general, two Republicans and two Democrats, have diverse views on the overall mission of the office. 

Also, in this show, Marshall University professor Sara Henning draws on personal history, taking some of the rough edges and smoothing them into art. Her latest book of poetry, Burn, was released earlier this month. Bill Lynch spoke with Henning about some of her background and what drew her to poetry.

West Virginia Morning is a production of West Virginia Public Broadcasting which is solely responsible for its content.

Support for our news bureaus comes from Shepherd University.

Chris Schulz produced this episode.

Listen to West Virginia Morning weekdays at 7:43 a.m. on WVPB Radio or subscribe to the podcast and never miss an episode. #WVMorning

Submissions Open For Kids Kick Opioids Contest

Friday, May 3 is the deadline for the West Virginia Attorney General’s 8th Annual Kids Kick Opioids contest.

The deadline for a statewide student art competition focused on opioid awareness is quickly approaching. Friday, May 3 is the deadline for the West Virginia Attorney General’s 8th Annual Kids Kick Opioids contest.

The contest provides an opportunity for students to learn about the dangers and consequences of prescription painkiller abuse, as well as an outlet to share personal experiences of how opioid dependence has impacted their lives and that of their loved ones.

Last year’s contest received more than 2,000 entries from students at 66 middle and elementary schools across West Virginia.

Students can work individually or in groups. Submissions may include drawings, poems, letters or anything that would promote awareness.

The winning entry will appear as a statewide newspaper public service announcement. Regional winners will be displayed in the State Capitol.

Lawsuit Over New Air Quality Regulations Filed

Attorneys general from West Virginia and Kentucky filed a lawsuit against the EPA over new air quality standards. They allege the standards burden manufacturing and infrastructure projects.

Attorneys general from West Virginia and Kentucky have sued the U.S. Environmental Protection Agency (EPA) over a recent policy that raised air quality standards nationally.

Filed Wednesday, the lawsuit claims that adjusting to the new standard would financially burden manufacturing and infrastructure projects. EPA officials have said the new policy reduces major public health risks.

Controversy grew in February after the EPA lowered the maximum concentration for particulate matter in the air by 25 percent, requiring companies to reduce their levels of air pollution.

Particulate matter refers to particles invisible to the naked eye, like some forms of soot and smoke. When inhaled, these particles can cause eye, nose and throat irritation, blood abnormalities and even lung damage.

The EPA has stated that raising air quality standards will reduce these health risks and the costs associated with them.

EPA officials have already stated that all 55 counties in West Virginia already meet the new air quality standards. Some regions with major industrial activity, like parts of Pennsylvania and Ohio, might not.

But in a press release Wednesday, Morrisey said the new measure marks an EPA attempt “to advance [President Joe] Biden’s radical climate agenda.”

The new rule is being enforced by the Securities and Exchange Commission (SEC), a federal agency tasked with monitoring financial markets and watching for financial fraud. Companies are now being asked to estimate their potential greenhouse gasses to the SEC.

“How is the company supposed to know if greenhouse gas emission will affect its finances?” he said. “How many trucks are going to be too many? How much coal to use versus natural gas or other forms of energy?”

The lawsuit was filed on behalf of 24 states in the D.C. Circuit of the U.S. Court of Appeals.

Wednesday’s lawsuit also listed EPA Administrator Michael Regan as a defendant. Beyond the lawsuit, EPA intervention in state air pollution standards stands on shaky ground.

Last month, members of the U.S. Supreme Court heard arguments against another EPA policy from representatives of several different states, including West Virginia.

Some have said that the justices are poised to overturn that policy, which cracks down on the emission of air pollution across state lines. This could mark the third Supreme Court case lost by the EPA recently.

AG’s Holiday Consumer Protection Week Warns Against Scams  

With the Christmas shopping season now in full swing, Attorney General Patrick Morrisey is advising caution around credit card offers, package deliveries and even donating to charity.

The Attorney General is warning West Virginians to be on the lookout for scams and fraud that increase during the holiday season as part of the Holiday Consumer Protection Week.

With the Christmas shopping season now in full swing, Attorney General Patrick Morrisey is advising caution around credit card offers, package deliveries and even donating to charity.

John Mangalonzo, press secretary to the attorney general’s office, said the attorney general’s office has shared tips around this time for years.

“People are shopping, either online, or the brick-and-mortar places,” he said. “There’s going to be a lot of transactions, cash, credit cards, gift cards, and what have you. Just kind of a quick reminder for our consumers to be careful, especially during the holiday season.”

The attorney general’s office advises that while it may be tempting to take advantage of the “buy now, pay later” of increased credit card offers during this time of year, it’s important to verify the credit card offer is legitimate. Similarly, the office urges West Virginians to verify charities before giving.

“It’s just the holiday spirit, people are giving during this time of year,” Mangalonzo said. “Some may go through charities, but before donating, just make sure that the actual money that you’re giving went to support that specific charity, make sure that it’s legit.”

Mangalonzo said scammers may use the name of a legitimate charity to garner donations from the unsuspecting.

“Go to the Secretary of State’s website to see if the charities registered to solicit donations in the state because you may find charities can be legitimate, but it’s being used by bad actors and come to find out they’re not actually registered,” he said.

Other warnings put out this week include being wary of “porch pirates” during the time of increased deliveries, as well as watching out for older relatives that may be victims of “grandparent scams.”

Scammers have been known to call senior citizens pretending to be their grandchild. Others claim to be law enforcement with news about a loved one. They often indicate the grandchild in question is in another state or country and in dire need of money due to an emergency. 

Mangalonzo said West Virginians should enjoy the holiday season but be aware and understand that things may still happen. If things do go wrong, he says help is available.

“If you believe that you may have been a victim of a scam or something like that, just feel free to contact our office, our Consumer Protection Division, that number is 800-368-8808,” Mangalonzo said. “There’s going to be people over there that will guide you through the process and give you some advice.”

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