Justice Coal Company Must Pay Miner’s Health Premiums, Court Rules

U.S. District Judge Frank Volk ruled last week that Bluestone Coal owes a retired miner and his spouse six years of unpaid health care premiums.

A federal judge has ruled that one of Gov. Jim Justice’s coal companies is liable for health care premiums for a retired miner.

U.S. District Judge Frank Volk ruled last week that Bluestone Coal owes a retired miner and his spouse six years of unpaid health care premiums.

Volk, in an opinion filed in the U.S. District Court for the Southern District of West Virginia, gave the parties 30 days to reach an agreement on a settlement.

Bluestone owed about $100,000 in premium payments for Kenny and Patsy Dowell as of last September. The company must also pay interest and liquidated damages equal to 20 percent of the principal.

Bluestone is one of the numerous coal companies owned by the Justice family. Other Justice companies have been ordered to pay back loans and civil penalties in recent months.

In March, Bluestone Resources was found to be in default on an $861,000 loan from an Elkins bank. In December, Bluestone Coke was ordered to pay $925,000 to address air pollution violations in Birmingham, Alabama.

Mine Workers Union Opposes House Bill To Cap Workers Compensation

House Bill 3270 would amend the state’s deliberate intent law to cap economic damages at $250,000.

The United Mine Workers of America opposes a workers compensation bill in the West Virginia Legislature.

House Bill 3270 would amend the state’s deliberate intent law to cap economic damages at $250,000.

That would be bad for mine workers, UMWA President Cecil Roberts said in a statement Tuesday.

Under the current law, injured workers can sue their bosses and recover damages if the bosses knowingly placed them in harm’s way.

According to Roberts, workplace management would face no consequences under HB 3270.

Additionally, Roberts said, the lower limit on damages would cause families to struggle. 

The bill is before the House Judiciary Committee. A similar bill is before the Senate Judiciary Committee.

The House of Delegates hosted a public hearing on the issue on Feb. 20, with the speakers split evenly for and against the change.

Us & Them Encore: Blair Mountain

The battle of Blair Mountain in 1921 might be West Virginia's ultimate ‘us and them’ story — labor versus absentee landowners; working class versus ruling class; West Virginia versus the world. This Us & Them episode was honored with an award from The Virginias Associated Press Broadcasters.

More than a hundred years ago West Virginia was home to our nation’s most violent labor uprising.

For some, the Battle of Blair Mountain was a watershed moment when coal workers decided their rights were worth fighting and even dying for. The armed insurrection pitted 10,000 coal miners against 3,000 heavily armed coal industry guards and state troopers. The conflict came to a head because of the social and economic forces that hit West Virginia’s coal country after World War I.

It was the largest labor uprising in American history and the largest armed conflict since the Civil War. And yet, the Battle of Blair Mountain is largely unknown to most Americans, including West Virginians.

To learn more, Us & Them host Trey Kay follows the path of the miners on their march to Mingo, and learn what precipitated the battle.

The episode was honored with an award from The Virginias Associated Press Broadcasters.

For more information about Charles B. Keeney’s book “The Road to Blair Mountain: Saving a Mine Wars Battlefield from King Coal.”

For more information about Mary Hott’s album “Devil in the Hills: A Coal Reckoning.”

This episode of Us & Them is presented with support from the West Virginia Humanities Council and the CRC Foundation.

Subscribe to Us & Them on Apple Podcasts, NPR One, RadioPublic, Spotify, Stitcher and beyond. You also can listen to Us & Them on WVPB Radio — tune in on the fourth Thursday of every month at 8 p.m., with an encore presentation on the following Saturday at 3 p.m.

Trey Kay
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Historian Charles Keeney (author of The Road to Blair Mountain: Saving a Mine Wars Battlefield from King Coal) takes Us & Them host Trey Kay to retrace the “March from Marmet to Mingo.”
Trey Kay
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The boarded up Whipple Company Store in Whipple, W.Va. was built around 1900. As a company store, it remained in operation until August 1957, when the New River Company mine closed.
Trey Kay
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Singer/songwriter Mary Hott explores the old Whipple Company Store — one of the last remaining coal company stores in Fayette County, WV. The songs on Hott’s album “Devil In The Hills” focuses on the culture of the company store and its effect on women.
Trey Kay
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United Mine Workers of America President Cecil Roberts speaking at a rally in New York City in July 2021. UMWA miners protested outside of the Manhattan headquarters of BlackRock, which is listed as the largest shareholder of Warrior Met Coal. For months, the UMWA has protested Warrior Met for better wages and employee benefits.
Trey Kay
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UMWA protest in midtown New York City in July 2021.
UMWA
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Actor Susan Sarandon speaking at a UMWA Rally in Midtown Manhattan.
Trey Kay
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Actor Susan Sarandon speaks with Us & Them host Trey Kay at a UMWA Rally in NYC in July 2021

Coal Keeps The Lights On, For Now, At The Mountaineer Power Plant

The first thing that strikes you about the Mountaineer power plant is its sheer size.

Its stacks rise more than 1,000 feet over the Ohio River floodplain, almost as tall as the Empire State Building. Its massive cooling tower can hold 8.5 million gallons of water.

A 20-story building houses its 1,330-megawatt generator. It produces enough electricity to power a city of a million people. Or more than half of West Virginia.

Mountaineer has been generating electric power since Jimmy Carter was president.

But due to changing environmental regulations and the competition from natural gas and renewable energy, time could be running out.

The plant requires upgrades to its wastewater treatment system. Under federal rules, it can operate until 2040 with the upgrades. Without them, it has to close by the end of 2028.

Conflicting decisions between utility regulators in two states complicate the plan to extend the plant’s life. West Virginia’s Public Service Commission approved the plan.

Virginia’s Corporation Commission, however, rejected it.

The regulatory snag shows the limits of what supporters of West Virginia’s coal plants can do to keep them from shutting down as the country moves away from fossil fuels.

‘Closing of a Culture’

Shutting down the plant would deliver an economic blow to Mason County. It employs more than 150 workers and supports other jobs in the community. Local schools depend on tax revenue from the plant.

Upstream, coal mines in northern West Virginia supply the plant with its fuel, which is delivered by barge. Those jobs are at stake, too.

“This is closing of a culture, this is closing of a community,” said Rick Altman of Wheeling, who’s been a coal miner for 44 years. “This is closing of a generational lifestyle that has really fueled this country.”

When Mountaineer opened, coal was the nation’s dominant source of electric power. Four decades later, natural gas dominates and renewables are catching up.

Coal plants like Mountaineer are becoming more expensive to operate. American Electric Power, the parent company of Appalachian Power, has two other coal-fired plants in West Virginia: the John Amos plant in Putnam County and the Mitchell plant in Marshall County. They face the same pressures.

The company has set a goal of becoming 80% carbon-free by 2030. Reaching that goal will require more coal plants to shut down.

President Joe Biden wants the nation’s power supply to become carbon-neutral in 2035. That’s five years before the West Virginia plants are scheduled to shut down if they are upgraded.

The United Nations Intergovernmental Panel on Climate Change warns that drastic action is necessary to curb the most devastating impacts of global warming — which in the Ohio Valley would mean less predictable weather, more flooding, and second-hand impact from coastal displacement and global disruptions.

One path forward: Replacing the coal plants with carbon-free sources of energy.

Gypsum and Molasses

It isn’t only the jobs at the power plants, the coal mines or the barge companies on the line. The plant produces and consumes other materials that contribute to the local economy.

Fly ash is collected and hauled off by the truckload. It gets recycled in concrete and asphalt.

The exhaust is filtered through a huge drum that spins with powdered limestone and steel balls.

“We mix limestone and water inside of that drum that’s got them rotating balls in it,” said Brett Watt, the plant’s senior maintenance superintendent. “And it crushes this limestone up to where it’s a slurry. It’s actually finer than the coal is.”

That removes sulfur dioxide and produces gypsum, which is used to make the drywall.

Probably the strangest part of the process involves molasses. Yes, molasses.

It’s used to grow bacteria that eat mercury and selenium.

“We bring in tanker trucks of molasses to feed the bacteria,” said Brian Mabe, the plant manager. “There’s, you know, a living organism that removes that.”

The plant’s closure would be bad news for the drywall plant and the molasses maker.

Curtis Tate
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WVPB
The stacks at the Mountaineer power plant in Mason County, West Virginia

Fossil Fuel Allies

One thing the plant, and most like it, can’t remove from the exhaust stream is carbon dioxide.

For several years, Mountaineer participated in a pilot program, funded by the U.S. Department of Energy, that took some of the carbon and injected it deep underground.

Carbon-capture technology has not been adopted on a mass scale. It’s expensive.

Still, West Virginia Sens. Joe Manchin and Shelley Moore Capito have included more funding to develop carbon capture and storage in a big infrastructure bill that just passed the Senate.

West Virginia lawmakers have made an effort to bolster the state’s remaining coal-fired power plants. This past spring, they passed a bill that makes it harder for coal plants to shut down.

Gov. Jim Justice has also taken steps to save the state’s coal plants. He reactivated the dormant West Virginia Public Energy Authority and appointed fossil fuel allies to serve on it and find ways to keep the plants from closing.

One of them was Chris Hamilton, president of the West Virginia Coal Association.

“We know these plants won’t run forever,” Hamilton said. “You know, we’re looking for about a 20 year run. Maybe a couple of decades.”

Justice also appointed the former top coal lobbyist in West Virginia to the Public Service Commission, which regulates coal plants. Justice himself owns companies that mine coal.

The federal government is poised to spend billions of dollars to reclaim abandoned mines in Appalachia, and that could help communities that are losing jobs.

Altman started working in the mines when he was 19, and he said he’s heard the promises before. As more power plants and coal mines close, he said, the government needs to step up.

“Don’t just have a plan and say, ‘don’t you worry.’ I’m 63 years old. I got laid off the first time in 1979. You know what I was told by the government? ‘Don’t worry about this, we got you covered. We’re going to educate you, we’re gonna do this.’ I’m still waiting for that to happen. I’m truly waiting for that to happen.”

Us & Them: Blair Mountain

One hundred years ago, West Virginia was home to our nation’s most violent labor uprising.

For some, the Battle of Blair Mountain was a watershed moment when coal workers decided their rights were worth fighting and even dying for. The armed insurrection pitted 10,000 coal miners against 3,000 heavily armed coal industry guards and state troopers. The conflict came to a head because of the social and economic forces that hit West Virginia’s coal country after World War I. It was the largest labor uprising in American history and the largest armed conflict since the Civil War. And yet, the Battle of Blair Mountain is largely unknown to most Americans, including West Virginians.

To learn more, Us & Them host Trey Kay follows the path of the miners on their march to Mingo, and learns what precipitated the battle.

For more information about Charles B. Keeney’s book “The Road to Blair Mountain: Saving a Mine Wars Battlefield from King Coal.”

For more information about Mary Hott’s album “Devil in the Hills: A Coal Reckoning.”

This episode of Us & Them is presented with support from the West Virginia Humanities Council and the CRC Foundation.

Subscribe to Us & Them on Apple Podcasts, NPR One, RadioPublic, Spotify, Stitcher and beyond. You also can listen to Us & Them on WVPB Radio — tune in on the fourth Thursday of every month at 8 p.m., with an encore presentation on the following Saturday at 3 p.m.

Trey Kay
/
Historian Charles Keeney (author of The Road to Blair Mountain: Saving a Mine Wars Battlefield from King Coal) takes Us & Them host Trey Kay to retrace the “March from Marmet to Mingo.”
Trey Kay
/
The boarded up Whipple Company Store in Whipple, W.Va. was built around 1900. As a company store, it remained in operation until August 1957, when the New River Company mine closed.
Trey Kay
/
Singer/songwriter Mary Hott explores the old Whipple Company Store — one of the last remaining coal company stores in Fayette County, WV. The songs on Hott’s album “Devil In The Hills” focuses on the culture of the company store and its effect on women.
Trey Kay
/
United Mine Workers of America President Cecil Roberts speaking at a rally in New York City in July 2021. UMWA miners protested outside of the Manhattan headquarters of BlackRock, which is listed as the largest shareholder of Warrior Met Coal. For months, the UMWA has protested Warrior Met for better wages and employee benefits.
Trey Kay
/
UMWA protest in midtown New York City in July 2021.
UMWA
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Actor Susan Sarandon speaking at a UMWA Rally in Midtown Manhattan.
Trey Kay
/
Actor Susan Sarandon speaks with Us & Them host Trey Kay at a UMWA Rally in NYC in July 2021

Murray Energy Exits Bankruptcy, Rehires Union Miners

Coal mining giantMurray Energy Corp. has emerged from bankruptcy with a new name and a commitment to rehire all of its former union employees, according to a news release from the United Mine Workers of America. 

UMWA President Cecil Roberts said on Wednesday that a new collective bargaining agreement has been finalized between the coal miners union and American Consolidated Natural Resources Inc., which took over Murray Energy’s assets. 

“There is much to be concerned about for those of us associated with and working in the coal industry during these troubling times, but it is good that this process has finally been completed and our members can put the uncertainty of the bankruptcy behind them,” he said. 

Murray Energy was formerly the largest privately-owned underground coal mining company in the country with a substantial footprint across the Ohio Valley. The company produced low-cost bituminous coal at mines located close to its customers — largely coal-fired power plants. As coal-fired generators have closed, that has posed challenges for the company’s business model. 

Founder and CEO Bob Murray has close ties to President Donald Trump, including appearing at events in West Virginia with the president and donating $300,000 to his inauguration. Murray has helped shape the administration’s environmental agenda, including promoting policies that loosened restrictions on the U.S. coal industry. 

The Ohio-based company declared bankruptcy last fall, citing billions of dollars in debt, healthcare and pension liabilities. In court filings, company executives said tough market conditions for coal was one of the major factors that pushed the coal giant toward bankruptcy. 

The court process unearthed new information about spending by Murray executives, including multi-million dollar cash bonuses, and what some creditors described as a “disturbing pattern of self dealing and abuse of corporate resources.” UMWA officials have also been watching the bankruptcy process closely. Murray Energy was the last major company contributing to the union’s pension plan.

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