Mining Unions And Lung Doctors Blocked From Defending New Safety Rule In Court

New coal mine safety requirements from the Mine Safety and Health Administration were supposed to take effect this month until a federal court blocked the rollout.

This story was originally published at Louisville Public Media and written by Justin Hicks.

New coal mine safety requirements from the Mine Safety and Health Administration were supposed to take effect this month until a federal court blocked the rollout.

During the Biden administration, the Mine Safety and Health Administration created a new rule aimed at cutting the levels of toxic silica dust mine workers can be exposed to. Silica dust is linked to an epidemic of deadly black lung disease as miners grind through rock on their way to increasingly thin seams of coal.

Mine safety advocates hailed the rule as a long-awaited victory and former Secretary of Labor Julie Su called it “unconscionable” that workers didn’t already have these protections in place to prevent the incurable black lung disease.

MSHA enforcement was set to begin in April. Mines could be met with stiff penalties and even forcibly shut down if they failed to comply.

The rule met legal challenges from industry groups who said MSHA was overstepping its legal authority. They pressed the courts to freeze the rule. Under President Donald Trump’s new administration, new MSHA officials did not object and even voluntarily delayed enforcement of the safety rule until August.

Meanwhile, orders from the White House in April came to expedite coal mining on federal lands and direct the heads of agencies to do away with any policies that transition the country away from coal production. It also exempted coal-fired power plants from stricter pollution regulations.

Without any resistance, the U.S. Court of Appeals for the 8th Circuit froze the rule earlier this month.

Shortly after the court’s decision, a group of lung doctors and mining unions asked the court for permission to step in and legally defend worker health measures.

Gary Ewart with the American Thoracic Society said the need to defend the rule became more apparent as layoffs took place at MSHA and he saw reports that mining groups friendly with Trump asked for it to be squashed.

“All those start to add up to, not an unambiguous signal, but worries that MSHA and the Department of Labor might not vigorously defend their own rule,” Ewart said.

But MSHA opposed the efforts of those groups to help defend the safety rules. On Wednesday, the appellate court sided with the federal agency and blocked the advocacy groups from intervening.

MSHA acknowledged a request to talk but would not comment on the ongoing litigation.

The mine worker unions say they’ll keep on finding ways to defend the rule and press for its full implementation.

“The court’s decision to exclude the voices of workers from this case is profoundly disheartening,” a spokesperson for the United Mine Workers of America and United Steel Workers wrote in a statement. “They are the ones whose lives are on the line, yet we are being shut out of a process that directly affects their health and their future.”

This story is part of the Appalachia + Mid-South Newsroom, a collaboration between West Virginia Public Broadcasting, WPLN and WUOT in Tennessee, LPM, WEKU, WKMS and WKU Public Radio in Kentucky and NPR.

Appalachian Power Still Has Too Much Coal, And It’s Costly

Appalachian Power continues to have high inventories of coal at its West Virginia plants, and that’s costing the company and electricity customers.

The company asked the Public Service Commission on Tuesday to recover $71.6 million in fuel costs for the 12-month period ending in February.

If approved, the average residential electricity customer would pay about $5 more a month.

One of the ways Appalachian Power dealt with the oversupply of coal at its plants was to burn coal to produce electricity at times when it was not economic to do so.

As a result, the company lost $40.5 million during those 12 months. Of the three plants, John Amos was the only one that came close to breaking even under the company’s strategy.

The company testified in its filing that breaking its contracts with coal suppliers would have cost substantially more, nearly $300 million.

Jason Stegall, director of regulatory services for American Electric Power Service Corporation, told the commission that the company’s strategy was “consistent, prudent and reasonable.”

The Amos plant in Putnam County lost the least of the three plants by operating outside of economic dispatch, at just under $900,000.

Mountaineer, in Mason County, lost more than $15 million during the 12-month period.

Mitchell, in Marshall County, lost the most, more than $24 million during that timeframe.

That’s in addition to the $87 million the three plants lost in 2023 and 2024, following the same strategy.

In both cases, Stegall told the PSC that it was done for safety reasons.

The latest fuel recovery request comes as Appalachian Power seeks PSC approval of a base rate increase.

If approved as submitted in November, the average electricity customer’s bill would go up $24 a month.

Hundreds of residents, and school boards and county commissions have submitted comments in protest of the rate proposal.

Residents frustrated with high power bills are switching to alternatives, including rooftop solar.

Though the Virginia legislature enacted a cap on Appalachian Power’s rates in Virginia on a bipartisan basis, West Virginia lawmakers failed to consider similar legislation.

Journalist Calls On Congress To Be Better Friends Of Coal Miners

Inside Appalachia Host Mason Adams talks with Leann Ray, editor-in-chief of West Virginia Watch, a nonprofit outlet that covers news in the state. She recently published an op-ed that wraps in several of President Trump’s federal actions regarding coal. 

This conversation originally aired in the April 27, 2025 episode of Inside Appalachia.

Since taking office, President Donald Trump has slashed thousands of federal jobs and used executive orders to shake up federal regulation of energy production — including coal. 

Leann Ray is editor-in-chief of West Virginia Watch, a nonprofit outlet that covers news in the state. She recently published an op-ed that wraps in several of these federal actions regarding coal. 

Inside Appalachia Host Mason Adams spoke with Ray.

Adams: Your op-ed piece in West Virginia Watch is headlined, “It’s time for West Virginia leaders to be friends of coal miners, not coal.” That headline’s a play on Friends of Coal, a 501(c)(6) nonprofit trade group for the coal industry. Of course, a lot of people know it more from its stickers than its work behind the scenes. You make the case that elected officials go out of their way to be “friends of coal.” What do you mean by that?

Ray: To be honest with you, you were talking about the bumper stickers. That’s all I knew from Friends of Coal, seeing that sticker growing up, and I actually didn’t know what it meant. I had to look it up when I was writing this commentary to find out that it was actually a nonprofit group. West Virginia’s elected officials, they always talk about how they want to help coal. They turn their noses at renewable energy like solar and wind power. They see no problem with loosening environmental regulations, even those regulations are there to protect West Virginians’ health in order to allow more coal to be mined.

Right now in the West Virginia State Legislature, they’re talking about a bill to create microgrids to power data centers. In the initial version of the bill requested by Gov. [Partrick] Morrisey, there are provisions meant to support the state’s coal industry. I believe it said it would have required electric utilities with coal fired plants to operate at a 69% capacity and hold a 45-day supply of coal on hand at all times. It turns out, most coal-fired plants in the state operate on an average of 40% capacity and a stockpile of a 30-day supply of coal. The power companies have said in response to that, it’d be difficult to meet those standards, and doing so would raise rates for existing electric customers in the state. West Virginians are already struggling with utility rates. We hear about Appalachian Power wanting to raise their rates all the time, and honestly, West Virginians can’t afford another rate hike, especially one just to help the coal industry. 

Adams: Partway through your op-ed, you flip this idea of politicians being “friends of coal.” I’m going to read a quote here: “They say they want to stand up for coal. In reality, they’re only standing up for the coal mine owners to have less regulations so they can make more money. And let’s be honest  — coal mine owners in West Virginia show all the time they don’t care about coal miners.” Can you elaborate more on that?

Ray: Sure. The two biggest examples of this are Don Blankenship and Jim justice. Blankenship was the CEO of Massey Energy at the time of the Upper Big Branch mine disaster, where 29 miners died. After that accident, MSHA issued Massey 369 citations and orders, including an unprecedented 21 flagrant violations, which carry the most serious civil penalties under the law. When Blankenship appeared on HD Media’s “Outside the Echo Chamber” a couple years ago, in a now-deleted episode, the host asked him, “If you had done anything differently that day, what would you have done?” He said he would have quit before the disaster —not that he would have fixed any of the safety issues or done anything to prevent the accident. He would have only saved himself, not those 29 men. That, to me, is someone who obviously does not care about his coal miners. He cares about the money and himself. 

And then our U.S. Sen. Jim Justice, he has a long history of not paying mine safety fines. His family owns nearly two dozen coal companies, and they owe more than $400,000 in delinquent mine safety fines that they racked up between 2014 and 2019. Last year, his family agreed to pay those fines. And this year, they said, “No, for real this time, we’re going to pay those.” And they’ve agreed to pay it by May 1, I think. To rack up that much money when they originally owed over $5 million debt and delinquent mine safety fines? That’s a lot of safety violations. If you cared about your miners and your employees, you would be fixing these issues and not racking up more and more fines. 

Adams: Since President Trump took office, his administration has announced it’s closing 33 Mine Safety and Health Administration offices, fired hundreds of workers at the National Institute for Occupational Safety and Health, which conducts black lung research and screening, and just this week, announced it was going to delay the implementation of a rule intended to crack down on silica dust, which is a contributing factor to black lung. At the same time, Trump also signed four executive orders intended to prop up coal-fired power plants and coal production. So what does this all mean for the coal industry in West Virginia and for its miners?

Ray: Well, it might lead to more coal production, but it’s going to leave miners much more vulnerable. NIOSH, out of Morgantown, [West Virginia,] did free mobile black lung testing across Appalachia. Talking to the union representative there, it sounds like everyone at NIOSH is going to be done by June, so that mobile testing unit is gone. The union official also told West Virginia Watch that there’s no one else in government who does occupational safety and health, and they do the research to make everyone’s job safer. So it’s going to leave coal miners in just a much more vulnerable position. [U.S. Sen. Shelley Moore] Capito, Justice and [U.S. Rep. Carol Miller, they all put out press releases saying they supported Trump’s executive orders that are meant to revive the coal production.

One of those orders removed Biden’s administration’s environmental regulations, because Trump said it slows the approval of new mining projects. Well, yeah, that’s for the health and safety of everyone. It should slow it down. You should be looking at, if you mine in this area, how is this going to affect the neighborhoods nearby? How is it going to affect the water? You want to slow that down. You don’t want to just open up mine production somewhere where it can hurt the environment and people. 

Another one of his executive orders directed the U.S. Justice Department to block states from enforcing their own regulations on coal this administration. I mean, they already show they don’t really seem to care about the environment or people’s health. So, it could lead to many more mine disasters like Upper Big Branch, obviously, more cases of black lung with the silica dust rule being delayed. That was something that was really going to help take down the number of black lung cases. And we don’t have that free mobile unit anymore. I don’t know, other than the mobile unit, if they’re going out on their own. I know, personally for me, if I think something’s wrong with my health, I might put it off. I might not want to go. And I could see people like that being like, “Oh, I don’t I don’t want to know. I’m fine. I’m fine.” And when they had that free mobile unit coming, that was something where they could go and get tested, and now that’s something that’s just not going to exist anymore.

Adams: So when you say leaders should be” friends of coal miners, not coal,” what do you envision for that? What does that mean for elected officials in Congress and beyond?

Ray: People seem to think that they can only do one thing. They can only support the production of coal. But they can do that at the same time as supporting coal miners. I honestly think that all of our delegation, they need to kind of grow a backbone and say, “We need to take care of our coal miners.” These brave people are going in these mines, risking their lives every day. We need to do everything we can to make sure there are regulations to keep them safe, that there’s research that can help them with things with black lung, that they are being tested. Actually, Sen. Capito, she did speak out about the cuts at NIOSH, and she was the only one. I didn’t hear anything from Miller or [U.S. Rep. Riley] Moore or Justice.

I understand our lawmakers think coal is the past and the present and the future of West Virginia, but it’s a fossil fuel. It’s nonrenewable. Once it’s gone, it’s gone. They can promote the production of coal and at the same time fight for the safety of our miners. There’s no reason that they can’t do both. I can’t see Justice doing that as a coal mine owner, but honestly, he should be the one saying, “We got to take care of our coal miners.” We’ve got to make sure that there are safety regulations out there for them. They’re in there mining this coal that’s helping with our industry. They always say, “Coal keeps the lights on.” They’re getting this coal to keep our lights on. We need to be making sure we’re doing everything for them to make sure that they’re safe and that they’re healthy.

Coal And Coal Miners, Inside Appalachia

This week, some politicians and coal companies call themselves friends of coal, but one journalist says they don’t seem to be friends of coal miners. Also, what not to do if you get poison ivy. And, pepperoni rolls were a staple in the coal mines. But public schools might be why they caught on.

Some politicians and coal operators call themselves friends of coal, but one journalist says they don’t seem to be friends of coal miners.

Also, what not to do if you get poison ivy.

And, pepperoni rolls were a staple in the coal mines. But public schools might be why they caught on. 

You’ll hear these stories and more this week, Inside Appalachia.

In This Episode:


Leann Ray And Her Support For Coal Miners

West Virginia Republican Sens. Jim Justice and Shelley Moore Capito pose with coal miners at a White House event where President Donald Trump signed executive orders to loosen regulations for coal mining.

Courtesy Photo by Office of Sen. Shelley Moore Capito.

Since taking office, President Donald Trump has slashed thousands of federal jobs and used executive orders to shake up regulation of energy production, including coal. Leann Ray is editor in chief of the nonprofit news outlet West Virginia Watch and recently published an op-ed that addresses several of these federal actions regarding coal. 

Inside Appalachia Host Mason Adams spoke with Ray about the op-ed and what she hopes legislators will do for coal miners.

15 Years Later: Upper Big Branch Mine Disaster

A makeshift memorial at the site where 29 mine workers were killed during the Upper Big Branch Mine disaster 15 years ago.

Photo Credit: Curtis Tate/West Virginia Public Broadcasting.

April 5 marked the 15th anniversary of the Upper Big Branch Mine disaster in West Virginia. Twenty-nine coal miners died in an underground explosion. It was one of the worst mining accidents in recent memory. Justin Hicks and Curtis Tate from the Appalachia Mid-South Newsroom sat down to talk about how it’s remembered, especially by victims’ families.

Curtis Tate is a reporter for West Virginia Public Broadcasting. Justin Hicks reports for Louisville Public Media.

Folk Cures For Poison Ivy

Marybeth Mitcham points out poison ivy growing in late October in Haysi, Virginia. Poison ivy continues to be virulent through the winter.

Photo Credit: Wendy Welch/West Virginia Public Broadcasting

For all the products on pharmacy shelves, people still use folk remedies for common ailments. Like the itchy rash that comes from poison ivy.

Folkways Reporter Wendy Welch spoke with two health professionals about where folk cures and mainstream medicine overlap.

The Riddle Of The Pepperoni Roll

The story of the West Virginia pepperoni roll is more than its creation, but also how it spread.

Photo Credit: Zack Harold/West Virginia Public Broadcasting

Pepperoni rolls have been enshrined as part of West Virginia history through their connection to coal miners. They’re absolutely a favorite and available almost everywhere, but that wasn’t always true. How pepperoni rolls became a statewide convenience store staple might have less to do with coal mining and more to do with lunch ladies in Kanawha County.

Folkways Reporter Zack Harold took a bite out of pepperoni roll lore in 2023.

——

Our theme music is by Matt Jackfert. Other music this week was provided by Loose Cattle, Hello June, Frank George, Pete Moss, Joe Dobbs and the 1937 Flood and Blue Dot Sessions.

Bill Lynch is our producer. Abby Neff is our associate producer. Our executive producer is Eric Douglas. Kelley Libby is our editor. Our audio mixer is Patrick Stephens. We had help this week from Folkways Editor Chris Julin.

You can send us an email: InsideAppalachia@wvpublic.org.

You can find us on InstagramThreads and X @InAppalachia. Or here on Facebook.

Inside Appalachia is a production of West Virginia Public Broadcasting.

Renewables Surpass Coal In Mid-Atlantic Electricity Region

On Thursday morning, data in the electricity market that includes West Virginia showed renewables generated more of the region’s load than coal.

The growth of solar has pushed renewables past coal in the regional grid that includes West Virginia.

In the PJM market – which encompasses West Virginia and part or all of 12 other states and the District of Columbia – renewables now generate more electricity than coal, according to April data.

On Thursday morning, newly released PJM data showed renewables generated nearly 11,800 megawatts of the region’s load. Coal generated less than 11,700 megawatts.

The surge in renewables has been driven by solar, according to the Institute for Energy Economics and Financial Analysis.

Solar set three peak records in PJM this month, on April 1, 16 and 17, the institute reported. Those records pushed solar above 11,000 megawatts for the first time, generating nearly 14% of the region’s electricity demand.

Gas and nuclear are currently the two dominant sources of power in the region.

President Donald Trump this month signed four executive orders aimed at increasing coal production and saving coal-burning power plants from retirement.

In recent years, though, the electricity market has favored gas, and increasingly, renewables. 

Texas, once the largest user of coal for electricity, received half its power from utility-scale solar on April 11, according to the institute. 

That follows a record-setting March for wind power in Texas. Texas is the country’s largest state consumer of electricity and like West Virginia is a major gas producer.

With 65 million people, PJM is the nation’s largest regional electricity market.

More Coal To Make Electricity Could Mean Higher Bills In Coal Country

Trump wants the country to increase coal production, save coal-fired power plants from retirement and reopen closed ones.

President Donald Trump wants the country to use more coal, a fuel utilities have turned away from in recent decades. One exception: West Virginia, which produces and consumes a lot of coal. That’s made electricity more expensive there. Some residents have turned to alternative ways to power and heat their homes.

Mary West is an Army veteran who lives in Beckley, in southern West Virginia’s coalfield. She used to work in the mines locally, in about 1980.

West called it hard and dangerous work. An injury put an end to her brief career in mining.

“They released me to go back to work, and I told them I was not going to go back, because the Lord hid it underground for a reason, and didn’t intend for my crazy butt to keep going down there, finding it,” she said.

Her past in coal isn’t obvious when looking at her red-brick home. The roof is lined with solar panels. Most months, she pays nothing for electricity. 

For others, it’s a struggle. Tom Moseley is a retired postal worker.

“Most families in Raleigh County are living to pay bills,” he said. “They can’t go out and enjoy life. They can’t go out and spend money at the movies. Every dollar they make is to pay their bills.” 

‘They’re Too Expensive’

86% of West Virginia’s power comes from coal. But coal has become one of the most expensive ways to generate electricity. That’s why West Virginia ranks 49th in the country in electricity affordability in a review of 2020 data.

Trump wants the country to increase coal production, save coal-fired power plants from retirement and reopen closed ones.

Chris Hamilton is president of the West Virginia Coal Association. He wants the state to double its coal production to a level it had before natural gas displaced coal.  

“We think under this new political leadership and with the industries and government working hand in hand,” he said, “we can get back to that 165 million tons of coal.”

He says with power plants burning more coal, they should become more efficient, which in turn could lower electricity costs.

Other state leaders say coal is needed to power the growth of data centers. West Virginia Republican Sen. Shelley Moore Capito was at the White House when Trump championed coal.

“It also helps us with that baseload energy that we so much need when we hear about energy shortages for AI, data centers and the creation of a more electrified economy,” she said.

So far, West Virginia’s major utilities haven’t committed to using more coal, saying it could raise costs for customers. They say new electricity demand would be met with natural gas or wind and solar.

Dennis Wamsted, an analyst at the Institute for Energy Economics and Financial Analysis. He says Trump’s policies, at most, delay the closure of some coal fired power plants

Utilities plan for the next 40 years, he says, not the next four.

“I do not see a coal plant, a new coal plant ever being built in the United States,” Wamsted said. “They’re too expensive.”

A $500 Bill

The major utility in southern West Virginia, Appalachian Power, is asking regulators to raise rates to make up for inflation and storm repair costs. Residents, meanwhile, are finding ways to save money.

Gary Bolen, a disabled Navy veteran who lives on a fixed income, tries to use power sparingly.

“I keep my thermostat set at 65 so I don’t have a power bill that high,” he said.

And he switched his heating source.

“I had to transfer it over to gas because the electric heat was running way too high,” Bolen said. “At one time, I had a $500 bill.”

West, the former coal miner, says she’d encourage anyone to switch to solar in West Virginia.

“Well, you know, God’s sun is out every day,” she said.

State regulators will consider Appalachian Power’s rate increase this summer.

Mary West has solar panels on her rooftop. Most months, she pays nothing for electricity.
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