Associated Press:

A day after meeting with environmentalists concerned about surface mining, Gov. Joe Manchin asked the Legislature to approve a symbolic resolution affirming that coal is still king in West Virginia.

Resolutions sought by Manchin were introduced Tuesday in both the House of Delegates and the state Senate.

They condemn federal legislation aimed at reducing carbon emissions with so-called ”cap and trade” programs, and express support for investment in new energy industry technologies aimed at reducing pollution from coal.

Here is the text of the resolution:

Expressing the will of the Legislature to oppose the adoption of a national cap and trade program for carbon dioxide and greenhouse gas emissions that is unduly burdensome to the State of West Virginia and to support measures that encourage investments in technology to address carbon dioxide and greenhouse gas emissions, and requesting that West Virginia’s congressional delegation resist and oppose efforts to adopt a national cap and trade program that is detrimental to our State.

Whereas, The adoption of a national cap and trade program for carbon dioxide and greenhouse gas emissions would have serious financial and economic implications for the State of West Virginia; and

Whereas, House Resolution 2454, the American Clean Energy and Security Act of 2009, hereinafter referred to as the Act, is pending approval in Congress; and

Whereas, The Act calls for the establishment of a national cap and trade program that, if effected, would reduce West Virginia’s gross domestic product by an estimated $750 million by 2020 and by an estimated $1.75 billion by 2030; and

Whereas, West Virginia would lose up to 10,000 jobs by 2020 and up to 22,000 jobs by 2030 if the proposed cap and trade program is enacted; and

Whereas, The industries that would be most affected by the proposed cap and trade program include mining, retail trade and health care; and

Whereas, West Virginia is investing heavily in technology designed to limit carbon dioxide and greenhouse gas emissions, including a $100 million investment by American Electric Power in carbon sequestration and capture technology at its Mountaineer Plant in Mason County, a state-of-the-art facility that is the first of its kind in the world; and

Whereas, Globally, more coal is being used than ever, and demand is projected to rise to even greater levels as more coal- fired power plants are built in other countries; and

Whereas, Coal will continue to be a primary energy source to meet these additional demands and therefore the United States should lead the way in advancing cleaner coal technology; and

Whereas, Additional investments are needed to address carbon dioxide and greenhouse gas emissions while maintaining the current energy supply; and

Whereas, The Legislature, with the leadership and support of the Governor, enacted laws to reduce, within reasonable limits, carbon dioxide and greenhouse gas emissions in this state by adopting an alternative and renewable energy portfolio standard and a regulatory framework for carbon capture and sequestration projects; and

Whereas, For the sake of those individuals and families who depend upon the industries that would be affected by a national cap and trade program, the House of Delegates, the Senate, the Governor and West Virginia’s congressional delegation must work together to ensure that any proposal to reduce carbon dioxide and greenhouse gas emissions includes reasonable provisions intended to safeguard the security of this nation and West Virginia;

therefore, be it Resolved by the Legislature of West Virginia:

That the Legislature of West Virginia is opposed to the adoption of a national cap and trade program for carbon dioxide and greenhouse gas emissions if it creates unnecessary volatility in the energy market, fails to address the energy and security needs of this country, threatens the jobs of hardworking men and women, raises energy costs to an unacceptable amount, fails to provide for additional investments in technology or is otherwise unduly burdensome to the State of West Virginia; and, be it

Further Resolved, That the Legislature of West Virginia supports measures that encourage investments in technology to address carbon dioxide and greenhouse gas emissions; and, be it

Further Resolved, That the Legislature of West Virginia requests that West Virginia’s congressional delegation resist and oppose efforts to adopt a national cap and trade program that is detrimental to our state; and, be it

Further Resolved, That the Clerk of the House of Delegates forward a certified copy of this resolution to United States Senators Robert C. Byrd and John D. Rockefeller IV and Representatives Nick J. Rahall, Alan B. Mollohan and Shelley M. Capito.

Huffington Post:

Several environmental groups are threatening to sue coal producer Massey Energy Co. for what they claim are more than 12,000 violations of pollution laws.

The Sierra Club and several West Virginia groups said Monday they’ve given Massey a notice that gives the company 60 days to reach a settlement or face a lawsuit.

The groups claim Massey has continued with the same pattern of violations covered by a $20 million settlement with the Environmental Protection Agency two years ago.

Here is the Notice of Intent to Sue:

60-day_NOI_to_Massey_signed –

Brad Johnson:

The West Virginia coal industry has become a virulent opponent of President Barack Obama’s reform agenda, while the state’s political leaders cheered. In June, West Virginia declared coal the state rock. In September, the coal industry sponsored a rock concert and rally to demonize “environmental extremists.” In October, coal companies organized mobs to attack the Environmental Protection Agency’s halting steps to enforce Clean Water Act limits on mountaintop removal mining. In November, the West Virginia Chamber of Commerce told Sen. Robert Byrd (D-WV) and Sen. Jay Rockefeller (D-WV) to hold health care reform hostage until climate legislation is killed.

Today, Sen. Byrd had enough. In a stunning rebuke, Byrd told his state to admit that change is coming, and that the coal industry has to clean up its act.

Listen:

Here is Senator Byrd’s stunning Op-Ed:

FutureofCoal1109 –

Think Progress:

The West Virginia Chamber of Commerce, which is largely backed by the coal industry, candidly revealed this strategy in a letter released today to Sens. Jay Rockefeller (D-WV) and Robert Byrd (D-WV). The Chamber of Commerce demanded that the senators use “their clout and seniority” to obstruct the health reform debate until cap and trade legislation is taken off the table and the EPA is barred from regulating carbon dioxide as a pollutant. As Ken Ward of the Charleston Gazette noted, Rockefeller has already rejected a similar proposal of blocking health reform unless the EPA stops reviewing mountaintop removal permits. The coal lobby has also pressured West Virginia state legislators to pass resolutions opposing clean energy reform.

Here is the letter:

Media-Statement_No-Health-Care-Vote-Until-War-On-Coal-Ceases_11202009 –

Thanks for this, Senator:

“They don’t have a deal until they get the coal-state senators, and they are a long way from doing it,” said Sen. John Rockefeller (D-W.Va.). “They’re going to need us to pass a bill.”

Keep poisoning the children, Senator:

“Very young children are more sensitive to mercury than adults. Mercury in the mother’s body passes to the fetus and may accumulate there.

It can also pass to a nursing infant through breast milk. However, the benefits of breast feeding may be greater than the possible adverse effects of mercury in breast milk.

Mercury’s harmful effects that may be passed from the mother to the fetus include brain damage, mental retardation, incoordination, blindness, seizures, and inability to speak. Children poisoned by mercury may develop problems of their nervous and digestive systems, and kidney damage.”

How do you sleep at night, Senator?

Ken Ward Jr. reports on the wonders of coal:

Nearly two-thirds of the coal-ash dams across West Virginia might need repairs, and a quarter of them are ranked as being in poor or unsatisfactory condition, according to a report released Thursday by the state Department of Environmental Protection.

DEP inspectors found stability problems, seepage and erosion at some of the dams as part of a roughly 10-month “comprehensive review” launched after the failure of a coal-ash impoundment in East Tennessee brought new attention to such facilities.

Agency officials also found problems that prompted at least five enforcement actions at landfills where dry waste products from coal-fired power plants were dumped, according to the 44-page DEP report.

Here is the report:

18349_Status of WV Fly Ash Dams-Landfills –

Coal Tattoo:

Rahall’s office issued the following statement:EPA must use a transparent process based on current law and regulation for the consideration of these permits. The applicants must know what the rules of engagement are, and the benchmark must be within the realm of reality. I am also calling on the Departments of Labor and Energy to closely monitor this situation to ensure there is not massive job loss in the coalfields and that our Nation is not deprived of the West Virginia coal many regions depend upon to generate electricity.

Here is the letter Rep. Rahall wrote to Secretary of Labor Hilda Solis:

091409 sec. solis letter –

Here is the letter Rep. Rahall wrote to Secretary of Energy Stephen Chu:

091409 sec. chu letter –

Coal Tattoo:

A second federal judge has ordered the West Virginia Department of Environmental Protection to clean up the way it cleans up abandoned coal mine pollution.U.S. District Judge John T. Copenhaver Jr. yesterday ruled that WVDEP must obtain permits for the abandoned mine sites it maintains under the agency’s Special Reclamation program.

Essentially — and very importantly — this means that WVDEP is going to have to set pollution limits for these sites, and improve the treatment being used so that discharges from abandoned mine sites meet the state’s water pollution limits.

copenhaver_amdruling –

Coal Tattoo:

West Virginia Environmental Protection Secretary Randy Huffman’s testimony in June at a congressional hearing on mountaintop removal has drawn a lot of comment, and even helped fuel a protest calling for his resignation.It turns out that even some folks within Huffman’s own agency were none too happy with his staunch defense of the coal industry before a hearing of a Senate Environment and Public Works subcommittee.

Behind the scenes, a respected biologist at the WVDEP’s Division of Water and Waste Management responded with a strongly worded memo that challenged Huffman’s statements and urged agency officials to make sure the secretary “will be better informed the next time he represents our agency’s current state of knowledge to federal authorities and elected representatives.”

Doug Wood, a biologist in the water division’s watershed assessment section, wrote his memo on June 30, less than a week after Huffman appeared in Washington at a hearing on a bipartisan bill that would end the coal industry’s practice of burying hundreds of miles of streams with waste rock and dirt (the stuff that used to be mountains).

Here is Doug Wood’s leaked memo:

Doug Wood Memo –

Here is his statement:

“As Dr. Hansen and his out of state environmental supporters plan their demonstrations, I urge them not to put themselves, West Virginia miners or state troopers in harm’s way, as their environmental colleagues did recently at a protest at Massey Energy’s Twilight Mine in Southern West Virginia.

“At this dangerous event, 14 protestors – mostly from states such as Maine, Michigan, Oklahoma and Florida – were arrested, diverting law enforcement from their primary duties of fighting crime and first response duties and costing the taxpayers of West Virginia. Four of the protestors scaled 200 feet up a piece of mining equipment as a publicity stunt, endangering themselves and law enforcement.

“I encourage Dr. Hansen to put safety first as we in the coal industry do.

“I look forward to hearing from Dr. Hansen, as I’m sure a productive dialogue – not publicity arrests – is what Dr. Hansen, a university professor who values an exchange of ideas, surely, must desire.”