Attorney General Sues EPA Over New Power Plant Rules

West Virginia and Indiana are leading a lawsuit, along with 25 other states, against the U.S. Environmental Protection Agency (EPA) to stop new rules on existing coal and new natural gas-fired power plants.

West Virginia and Indiana are leading a lawsuit, along with 25 other states, against the U.S. Environmental Protection Agency (EPA) to stop new rules on existing coal and new natural gas-fired power plants. 

The suit was filed in the U.S. Court of Appeals for the District of Columbia Circuit. 

The EPA’s final rules were released at the end of April. Coal plants will have to ultimately cut their carbon dioxide emissions by 90 percent or shut down. New gas plants will have to also capture 90 percent of their CO2.

The EPA is working on a separate rule to cut carbon emissions from existing gas plants. About 40 percent of U.S. electricity comes from gas.

The new rules include updated limits on mercury and other toxic pollutants from plants that burn coal. They also include changes to how power plants dispose of the wastewater that results from treating coal emissions to remove toxic pollutants.

Finally, the rules require the cleanup of coal ash disposal sites that were closed prior to 2015.

West Virginia Attorney General Patrick Morrisey said the rule ignored the ruling by the U.S. Supreme Court in West Virginia v. EPA, which said the EPA could not use the Clean Air Act to force coal-fired power plants into retirement.

“This rule strips the states of important discretion while using technologies that don’t work in the real world — this administration packaged this rule with several other rules aimed at destroying traditional energy providers,” Morrisey said. “We are confident we will once again prevail in court against this rogue agency.”

When those rules were announced, EPA Administrator Michael Regan said, “By developing these standards in a clear, transparent, inclusive manner, EPA is cutting pollution while ensuring that power companies can make smart investments and continue to deliver reliable electricity for all Americans.” 

The power plant rules align with changes that have been happening in the sector in the past decade. Electric utilities have moved sharply away from coal, largely switching to natural gas, and now, renewables and batteries.

“This year, the United States is projected to build more new electric generation capacity than we have in two decades — and 96 percent of that will be clean,” said White House Climate Adviser Ali Zaidi.

A separate statement from the Natural Resources Defense Council was more blunt. 

“While polluters and their allies always complain that whatever technology EPA is requiring is not ready for prime time, in this case their argument is even more ridiculous: In addition to the technology being available, it’s also being supported with billions of dollars of tax incentives via the Inflation Reduction Act.

“Instead of fighting a losing legal battle, power plant owners and states should be locking up their lawyers and turning loose their engineers,” said David Doniger, a senior attorney at the organization.

Morrisey said in a statement that he would also file a motion to stay the new rule as soon as possible.

Alabama, Alaska, Arkansas, Florida, Georgia, Idaho, Iowa, Kentucky, Louisiana, Mississippi, Missouri, Montana, Nebraska, New Hampshire, North Dakota, Oklahoma, South Carolina, South Dakota, Tennessee, Texas, Utah, Virginia and Wyoming joined the West Virginia- and Indiana-led lawsuit.

Thanksgiving Holiday W.Va. Turnpike Travel Tips

An estimated 710,000 drivers will pass through the West Virginia Turnpike toll booths over the six day Thanksgiving holiday period.

An estimated 710,000 drivers will pass through the West Virginia Turnpike toll booths over the six day Thanksgiving holiday period. 

Like the rest of the country, Wednesday and Sunday are expected to be the busiest of the six turnpike holiday travel days. 

Parkways Authority Executive Director Jeff Miller said motorists should watch for traffic flaggers at the toll booths. He suggested those drivers without an EZ Pass move to the right lanes with the $4.25 required toll at hand.

“Don’t just stay on that left side and help disperse the traffic evenly throughout all the tolling booths,” Miller said. “We always encourage everyone to participate in our EZ Pass program. Not only is it a great discount offered at $26.25 a year for unlimited travel, but it really does provide for the fastest throughput of traffic through the tolling facilities, and really benefits everyone, even on our operations side of the process.” 

Miller said if you need assistance on the turnpike, dial star (*) S-P, and a courtesy patrol member or a state police cruiser will be there within minutes. 

“If you happen to run out of gas, we’ll get you a little bit of gas to get you off an exit to get filled up or if you have a flat tire,” Miller said. “It’s just such a busy time of year and there’s so much traffic that we just absolutely do not want anybody to be stuck on the side of the roadway while they’re trying to get to their friends or family to enjoy Thanksgiving dinner – or upon their return.”

Miller requested that motorists who exit the turnpike toll booths, exercise patience, caution and respect for other drivers who are merging back into regular traffic.

“Be cognizant of the speed limit signs as you go through the tolling facilities and try not to cut anybody off,” he said.

Miller said there are no construction projects on the turnpike planned for this time of year.

“There’s a requirement that traffic construction must be picked up or completed right before Thanksgiving to allow for use of the roadway,” he said. “If there is anything that does occur, just know that it is on an emergency basis and something that has to be done right away.”

Miller said West Virginia drivers can stop by the Beckley EZ Pass center or our Charleston EZ Pass center and sign up for a pass on Tuesday, and it would be activated and ready for use on Wednesday.

To get an EZ Pass, or to renew an existing EZ Pass online, click HERE. In person EZ Pass applications can be made at the West Virginia Parkways Authority EZ Pass Customer Service Center, 3310 Piedmont Road in Charleston, or at the Beckley Customer Service Center located at 12 Pikeview Drive, Beckley.

Coal Advocates Tout Benefits Of Industry To State Lawmakers 

Chris Hamilton, president of West Virginia Coal Association thanked legislators for their “pro-coal policies and assistance” aimed at helping the industry over the years.

The Joint Standing Committee on Energy and Manufacturing heard an update on the state’s coal industry Monday.

Chris Hamilton, president of West Virginia Coal Association started out by thanking legislators for their “pro-coal policies and assistance” aimed at helping the industry over the years.

“Most of the bad is coming out of Washington, D.C. Mostly good comes out of West Virginia and the West Virginia Legislature,” Hamilton said. “And that’s been sustained over the past several years, we’re just expressing our appreciation, sincerely, this is our safe haven.”

In 2021 West Virginia was the nation’s second-largest coal producer in the U.S., after Wyoming, accounting for about 14 percent of U.S. coal production. Hamilton said the industry will end 2023 with about 86 million tonnes of coal production.

“We’re up about 5 percent from last year,” he said. “Last year we produced about 84 million tonnes of production, that fits a pretty healthy split.” 

The U.S. total for 2022 came in at just under 600 million tons, a 3 percent increase from 2021.

Asked about fossil fuels and climate change, Hamilton shifted the focus to countries like China and India which he said produce more fossil fuel emissions.

“Ironically, as you compare that and talk about global climate change, their contribution is six, seven times greater than what ours is currently within the states,” Hamilton said. “So we point that out – because we don’t think it does good to ratchet down our use of fossil fuel and coal consumption, specifically while it’s being ramped up in other parts of the globe. We’re all one planet here and if one country is ramping up their carbon output as one is ramping down you still have an increase in carbon dioxide.”

According to the U.S. Energy Information Agency, in 2022 China and India combined consumed 67 percent of total global coal production — China 52 percent and India 15 percent. Conversely, China is the world’s largest producer of renewable energy, including the largest producer of hydroelectricity, solar power and wind power in the world.

Hamilton continued to criticize the Biden administration for “stringent” EPA rules aimed at reducing emissions and particulates in coal fired plants.

“They don’t make any bones about it. They are also designed to remove every single remaining coal plant in operation. That’s the objective of these rules. That’s the objective of this president,” Hamilton said.

Since taking office, President Biden has pledged to cut carbon emissions in half by 2030 to address climate change which scientists say is producing long-term shifts in temperatures and weather patterns.

The coal industry has been faced more recently with increased restrictions on insurance coverage, particularly for new projects. The move is seen as a response to pressure from shareholders, governments and environmental groups seeking to limit coal’s contribution to global warming.

It follows similar action by banks to restrict their coal financing activities. In 2022 JP Morgan Chase, Wells Fargo, Morgan Stanley and Goldman Sachs were placed on the state’s restricted financial institutions list after Treasurer Riley Moore alleged they are engaged in a boycott of fossil fuels.

“The insurance industry seems to be playing many of those same games right now,” Hamilton said. He told the committee that the West Virginia Coal Association just had its corporate insurance policy revoked.

“The renewal letter stated that Chubb insurance, because we have the word coal in our corporate bank they will no longer provide us with insurance,” he said.

Jason Wandling serves as general counsel for the West Virginia Department of Environmental Protection’s Division of Mining and Reclamation.

Wandling reviewed 2022 permitting activity offering data representing applications that the agency has received and actions taken from Jan 1, 2022 to Dec. 31, 2022. 

“As you can see the numbers are more or less the same. What we have coming in is what we have going out,” he said. “The most important is the incidental boundary revisions (IBRs), the permit revisions themselves and the permit renewals. This is sort of the lifeblood of what coal companies need when they come to the agency to be able to do their work in compliance with the law.”

Wandling said from 2016 until this year they have 85,000 more acres in production than in 2011. He said surface acres permitted in 2022 remained more or less the same as figures released that year. 

In 2023 alone, he said an estimated $18 million in coal bond releases are expected to be returned to operators.

Statewide surface mine application data was split up over four years. 

“Just about 30 certified applications were submitted to us,” Wandling said. “Since then those numbers have dwindled a little bit both because of the pandemic, because of the change in administrations and regulatory environment emanating from Washington, but it’s still a significant number.” 

Executive Director of the Gas and Oil Association of West Virginia Charlie Burd told lawmakers that 73,000 people are currently working in the state’s natural gas and oil industry. He cited 2021 figures, which showed West Virginia as the nation’s fourth-largest natural gas producer, after Texas, Pennsylvania and Louisiana, accounting for about 10 percent of U.S. natural gas production. Tyler County is currently the largest natural gas producing county in West Virginia followed by Marshall and Wetzel counties.

“That’s a lot of folks that rely on fossil fuels as an industry and there’s 1.8 million people that rely on the products that we give them every day,” Burd said. “We give them the ability to pull a switch and have lighting and heating and cooling. I think the National Geographic identified maybe 6,000 products that we use everyday that are the direct result of natural gas and the associated liquids that we produce.” 

Burd cited the MarkWest Sherwood Complex reminding lawmakers the largest natural gas processing facility in the U.S is located in Doddridge County, West Virginia. 

“That’s millions, hundreds of millions of dollars invested,” he said. “A wealth of dollars when you look at all the investments that we make and you’ve been the catalyst to help us do that.” 

Justice-Owned Company Tries In Court To Stop Seizure Of Helicopter

On Thursday, the court instructed the marshals to take possession of the helicopter, which is housed at the Roanoke-Blacksburg Regional Airport.

A coal company owned by Gov. Jim Justice is trying to stop an offshore company controlled by a Russian oligarch from seizing a helicopter it owns.

Bluestone Resources filed a stay in the U.S. District Court for the Western District of Virginia on Friday. It seeks to prevent the U.S. Marshals from seizing a 2009 Bell helicopter.

On Thursday, the court instructed the marshals to take possession of the helicopter, which is housed at the Roanoke-Blacksburg Regional Airport.

Caroleng Investments, based in the British Virgin Islands, sought the helicopter to recover part of the more than $10 million Bluestone owes it.

In Friday’s filing, however, Bluestone’s attorneys say the helicopter is subject to two security interests that are superior to Caroleng’s lien and secure indebtedness in excess of the helicopter’s value. Those creditors, 1st Source Bank, based in South Bend, Indiana, and Greensill Capital, based in the United Kingdom, would be paid first, not Caroleng, the filing says.

The filing also identifies Caroleng as a holding company controlled by a Russian mining and metals oligarch named Igor Zyuzin.

West Virginia Public Broadcasting reached out to the governor’s office for comment.

Simulated Airplane Disaster Planned At North Central West Virginia Airport

“The drill allows us to see our weaknesses, you want to train as you would fight, so to speak,” Curry said. “When you have a real-life exercise like this it allows us to train in a way that we would respond to a real exercise but we can do so in a safe and controlled environment when there’s no real life or property at stake and in the presence of skilled evaluators.”

An emergency response drill is planned for 6 p.m. Wednesday evening at the North Central West Virginia Airport.

The drill will include multiple emergency response agencies from Bridgeport and Clarksburg in addition to employees at North Central West Virginia Regional Airport.

Bridgeport Emergency Management Director Tim Curry said the drill will simulate a mock airplane disaster involving a hostage situation, and its purpose is twofold. 

“One, it is testing our abilities within the city and the county to respond to an emergency which we try to do at least every year,” Curry said. “The other purpose of this one is that the airport has to do a drill every three years to maintain their certification from the Federal Aviation Administration (FAA).”

Participating emergency response units include the City of Bridgeport fire and police departments, the Clarksburg Fire Department, and Harrison County Emergency Squad.

Curry said students from the Fairmont State University Aviation Center have offered to act as fake patients for the duration of the mock emergency drill which will last about two hours.

Curry said airport and hospital operations will not be affected by the drill which has been planned since February. He said extra personnel will be on duty across all agencies in the event of an actual emergency.

“The drill allows us to see our weaknesses, you want to train as you would fight, so to speak,” Curry said. “When you have a real-life exercise like this it allows us to train in a way that we would respond to a real exercise but we can do so in a safe and controlled environment when there’s no real life or property at stake and in the presence of skilled evaluators.”

Curry said they will assess all of the notes made by the evaluators during the exercise to enhance future response plans.

“We’ll maybe change the way that we do things if we see that something is not working,” Curry said. “We’re going to exercise, test ourselves, sit down and evaluate it and see what we can do better in the future.”

Police Search For Woman Who Lied About Flood Damage

Hackney is accused of lying to two disaster relief agencies to obtain aid after claiming her Cabin Creek home was damaged in floods late last month.

An arrest warrant has been issued for a woman accused of defrauding two West Virginia disaster relief agencies after last month’s floods in eastern Kanawha County. 

The Kanawha County Sheriff’s office is searching for 26-year-old Brittany Lee Hackney of Sissonville. 

Hackney is accused of lying to two disaster relief agencies to obtain aid after claiming her Cabin Creek home was damaged in floods late last month.

Police filed an arrest warrant for Hackney after it was discovered the address she provided to the American Red Cross and the West Virginia Voluntary Organizations Active in Disaster was fake.

The two organizations are helping residents who suffered flood damage from heavy rains in late August.

Hackney faces a felony count for obtaining $2000 in money, property and services under false pretenses.

Anyone with information about her whereabouts is encouraged to call Detective Daugherty with the Kanawha County Sheriff’s office at 304-357-0556.

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