Elected Leaders Prepare For Transition And IDing Pollution Related Asthma, This West Virginia Morning

On this West Virginia Morning, elected leaders prepare for their new jobs, and a look at pollution related asthma from steel making.

On this West Virginia Morning, Patrick Morrisey held his first press briefing as governor-elect while Gov. Jim Justice paid a visit to his future workplace, the U.S. Senate.

Also, The Allegheny Front, a public radio program based in Pittsburgh, reports on environmental issues in the region. Their latest story looks at a report identifying pollution related asthma from steel making.

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 and Marshall University School of Journalism and Mass Communications.

Maria Young 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

EPA Power Plant Emissions Rules Survive Initial Court Challenge

The D.C. Circuit Court of Appeals, for now, has let stand a set of U.S. Environmental Protection Agency rules West Virginia and other states challenged.

West Virginia’s attorney general has lost the first round in his challenge to the newest federal power plant emissions rules.

The D.C. Circuit Court of Appeals, for now, has let stand a set of U.S. Environmental Protection Agency rules West Virginia and other states challenged.

In a three-page order Friday, the court declined to block rules intended to reduce carbon dioxide emissions from existing coal-fired power plants and new gas plants.

The court will still consider the case on the merits.

Electric utilities must reduce their carbon dioxide emissions by 90 percent or close coal plants by 2032. They can achieve the standard by converting the plants to burn gas and hydrogen or by capturing and storing the CO2. Neither technology has yet been proved on a commercial scale.

Attorney General Patrick Morrisey was the lead plaintiff in the EPA challenge, which he initiated last month.

In a statement, Morrisey said he plans to appeal to the U.S. Supreme Court.

“Our position remains the same: this rule strips the states of important discretion while using technologies that don’t work in the real world,” he said.

Kentucky Court Halts New Title IX Rule

West Virginia Attorney General Patrick Morrisey co-led a six-state coalition in suing the federal Department of Education and Sec. Miguel Cardona, challenging a Title IX rule change.

A Kentucky court has halted a new federal rule that prohibits discrimination based on gender identity and sexual orientation. 

Judge Danny Reeves of the U.S. District Court for the Eastern District of Kentucky granted an injunction against a Title IX rule issued by the U.S. Department of Education in April while the case of Tennessee v. Cardona progresses.

Since 1972, Title IX has barred education programs or activities receiving federal financial assistance from discriminating or excluding participants on the basis of sex. They risk losing that money if they violate Title IX.

In his injunction, Reeves says that the Department of Education “would turn Title IX on its head by redefining “sex” to include “gender identity.”

“As a general matter, Title IX’s antidiscrimination provision has remained unchanged since the statute’s enactment. 20 U.S.C. § 1681,” he wrote. “And until the last decade, Title IX was universally understood to equalize female access to educational facilities and programs by barring discrimination “on the basis of sex” at schools receiving federal funds. But then came the administrative state, lacking any real power to rewrite a law that Congress duly passed, with its bureaucratic cudgel.”

West Virginia Attorney General Patrick Morrisey co-led a six-state coalition in suing the federal Department of Education and Sec. Miguel Cardona, challenging the rule change. One of the plaintiffs in the case is an unnamed Bridgeport High School student.

“This is a big victory for women and girls because the Title IX revisions being pushed by the Biden administration would have ended sex-based protections for biological women in locker rooms, bathrooms, sports and elsewhere, plain and simple,” he said in a press release announcing the ruling. “This is a retreat from the progress women have made.”

The decision comes just days after a similar ruling from a federal district court in Louisiana issued the first preliminary injunction against the new rule.

EPA To Require Coal And New Gas Power Plants To Cut Emissions

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.

The U.S. Environmental Protection Agency on Thursday rolled out its final rules to cut emissions from existing coal-fired and new gas power plants.

Those plants will have to ultimately cut their carbon dioxide emissions by 90 percent or shut down.

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.

“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,” said EPA Administrator Michael Regan.

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.

“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.

Renewables such as wind and solar account for an increasing percentage of power generation and have surpassed coal.

Still, fossil fuel producing states, and some industry groups, are expected to challenge the new rules. Some will argue that the rules will have a negative economic impact on power plant communities. Others will say the rules will make the power grid less reliable.

“We will be challenging this rule,” said West Virginia Attorney General Patrick Morrisey in a statement issued soon after the new rules were published. “The U.S. Supreme Court has placed significant limits on what the EPA can do—we plan on ensuring that those limits are upheld, and we expect that we will once again prevail in court against this out-of-control agency.”

Morrisey, who’s running in West Virginia’s Republican primary for governor, led a successful challenge of the Obama administration’s Clean Power Plan. The Supreme Court’s ruling in West Virginia v EPA two years ago constrained the EPA’s rulemaking process. Morrisey and others are likely to argue that the agency still overstepped its authority.

Others say the grid simply isn’t ready for a massive shift away from traditional baseload power to more intermittent sources of energy such as wind and solar.

“This barrage of new EPA rules ignores our nation’s ongoing electric reliability challenges and is the wrong approach at a critical time for our nation’s energy future,” said Jim Matheson, CEO of the National Rural Electric Cooperative Association.

Adding to the uncertainty, a change in administrations after this year’s election could result in a rollback of the new rules.

If the rules hold up, the EPA projects $370 billion in climate and public health benefits over the next two decades. The agency’s analysis predicts a reduction of 1.38 billion tons of CO2 through 2047, the equivalent of the annual emissions of 328 million gasoline powered cars.

The EPA is also gathering public input on a proposal to cut emissions from existing gas-fired power plants. Natural gas is currently the nation’s top source of electricity, and though it produces lower carbon emissions than coal, the production and transportation of gas emits methane, a more powerful heat-trapping gas than CO2.

The EPA’s principal solution for coal and gas plants to comply with the new rules is carbon capture and storage. But the technology has not been deployed successfully on a commercial scale, and power plant operators say that the rules will force fossil fuel plants to effectively shut down.

“It is obvious that the ultimate goal of these EPA regulations is to stop the use of fossil fuels to produce reliable energy in the United States by forcing the premature closure of coal plants and blocking new natural gas plants,” said U.S. Sen. Joe Manchin, D-West Virginia, chairman of the Senate Energy and Natural Resources Committee.

Another powerful foe of the EPA rules vowed Thursday that she’d introduce a bill to repeal them.

“To protect millions of Americans, including energy workers, against executive overreach that has already been tried and rejected by the Supreme Court,” said U.S. Sen. Shelley Moore Capito, R-West Virginia, “I will be introducing a Congressional Review Act resolution of disapproval to overturn the EPA’s job-killing regulations announced today.”

Capito is the senior Republican on the Senate Environment and Public Works Committee, which oversees the EPA and confirms its administrator.

West Virginia Starts Distributing Funds From The Settlement Of Opioid Lawsuits

West Virginia is issuing the first checks from a fund established by the settlement of opioid lawsuits in the state, which has by far the nation’s highest drug overdose death rate.

West Virginia is issuing the first checks from a fund established by the settlement of opioid lawsuits in the state, which has by far the nation’s highest drug overdose death rate.

The Kanawha County Commission said Thursday it received a $2.9 million check and plans to discuss how it will be spent at its next meeting on Jan. 11. Last week the Mercer County Commission received $1.9 million.

The distribution is part of a memorandum of understanding that was previously adopted by state Attorney General Patrick Morrisey and counsel for West Virginia cities and counties. According to the agreement, the board in charge of around $1 billion in funds will distribute just under three-fourths of the settlement money, and a fourth will go directly to local communities and 3% will remain in trust.

Morrisey told the Kanawha County Commission that his office and the state auditor’s office have formed a partnership to ensure that the settlement funds are used properly. All the money must be used to abate the opioid crisis through efforts such as addiction treatment, recovery and prevention programs, or supporting law enforcement in anti-drug measures.

The state is receiving money from each of its settlement agreements on a staggered schedule, with annual payments coming until at least 2036. The West Virginia First Foundation alone is expected to receive around $367 million over the next five years.

Over the past four years, drug manufacturers, distribution companies, pharmacies and other companies have reached settlements totaling more than $50 billion with governments. While the biggest amounts are national in scope, West Virginia has been aggressive in bringing its own lawsuits and reaching more than a dozen settlements.

A $68 million settlement was announced by the state in May with Kroger, the last remaining defendant in a lawsuit involving Walgreens, Walmart, CVS and Rite Aid. Walgreens settled for $83 million; Walmart for more than $65 million; CVS for $82.5 million; and Rite Aid for up to $30 million.

As part of the state’s 2022 settlement with Teva, the University of Charleston School of Pharmacy starting receiving shipments of the overdose-reversal drug naloxone in September.

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