This morning’s sessions over at the West Virginia Coal Association’s Annual Mining Symposium didn’t disappoint, that’s for sure. Especially if you — like most of the industry crowd there — can get worked up about just about anything that criticizes President Obama.

I’m not sure which was the highlight … but here are my two nominations:

– My good friend Ben Bailey, the Charleston lawyer who represents the state in its taxpayer-funded lawsuit to block the U.S. EPA’s crackdown on mountaintop removal.

Ben hauled out an oldie but a goodie — quoting the lines from Isaiah 40:4:

Every valley shall be lifted up,
and every mountain and hill be made low;
the uneven ground shall become level,
and the rough places a plain.

Ben cited this as proof of a “Biblical admonition to move earth.” But of course, as I’m sure Ben knows, some versions of the Bible talk about every valley being “exalted” — which I’m not sure really means burying it under millions of tons of waste rock and dirt from a mountaintop removal mine.

– Or, Mike Carey, president of the Ohio Coal Association. First, Mike at least twice referred to EPA Administrator Lisa P. Jackson as having been head of the state EPA in Delaware. I don’t think I misheard him, and perhaps I’m mistaken, but I think he meant to say she was head of the state EPA in New Jersey.

But the best one — and perhaps this gives Mike the edge over Ben — is that he hauled out the old, out-of-context attack that Sarah Palin tried to use against then-candidate Obama just days before the 2008 election, turning Obama’s simple explanation of how cap-and-trade works into proof of a plan by Obama to bankrupt the coal industry. (See our 2008 coverage of this issue, including a transcript of the comments, here). Not for nothing, but Mike didn’t bother to quote this part of what Obama said at the time:

The only thing that I’ve said with respect to coal, I haven’t been some coal booster. I have said that, for us to take coal off the table as an ideological matter, as opposed to saying that if technology allows us to use coal in a clean way we should pursue it, that I think is the right approach.

Anyway, probably the most interesting bit of real news to come out today was the discussion by John Craynon of Virginia Tech of the Appalachian Research Initiative for Environmental Science, or ARIES.  Here’s the official description of that project, posted on the university’s website:

The purpose of ARIES is to engage in detailed studies of the environmental impacts of the mining, gas, and energy sectors in Appalachia, focusing on both upstream (mining, drilling, and processing) and downstream (water, land, and air) issues. To meet that purpose, ARIES will conduct scientific inquiry and research, foster publication and contribute to the relevant literature, and engage in outreach efforts to share and disseminate results. Initially, work carried out by ARIES will focus on the coal mining industry.

But what caught my attention were comments by Craynon that one of the first projects is a set of reports that aim to see if there “different interpretations” of the data than those presented in the papers published by West Virginia University’s Michael Hendryx. Hmmm … you guessed it, here’s what else I found on the ARIES website:

Several companies have become industrial affiliate members of ARIES. These are: Alpha Natural Resources, Arch Coal, Cliffs Natural Resources, CSX, MEPCO, Natural Resource Partners, Norfolk Southern, Patriot Coal Corporation, and TECO. Other industrial partners will likely be added in the future. These partners have provided $15 million over the next 5 years to fund the work of ARIES.

A railroad bridge over the Ohio River begins to disappear from fog that developed around midday Wednesday, Feb. 1, 2012 as seen from the river’s bank in Metropolis, Ill. A coal barge is also shown in the photo, pushed closer than usual to the bank due to Ohio rising rapidly. (AP Photo/The Paducah Sun, John Wright)

It’s always interesting to spend some time with my friends from the coal industry when the West Virginia Coal Association holds its annual mining symposium here in Charleston.

Some industry folks are often more candid about various issues at this event, perhaps not realizing — despite the best efforts of association lobbyists to warn them — that there might be a few reporters in the room.  And it’s fascinating to hear folks from the West Virginia Department of Environmental Protection play to the industry audience, often offering little more than what sounds like a parroting of mine operator complaints about interfering federal agencies or meddlesome citizen groups.

Honestly, though, it is helpful to get to hear more from folks who aren’t always the industry’s main public faces. Though I frequently wonder why the coal association, if it really wants this to be an educational event, doesn’t bring in some speakers who might tell the operators something they don’t want to hear … for example, why include four coal spokesmen from surrounding states on this morning’s event, “Obama’s No Job Zone – A Panel Discussion”? Why not put somebody like Bo Webb on that panel, and let the mine operators hear more directly from a citizen affected by their industry’s activities? Or why not invite WVU’s Michael Hendryx to come and educate the industry about what his studies have found about mining’s potential impacts on public health?

I mean, I heard Alpha Natural Resources vice president Mark Schuerger talk about how his company believes it needs to engage with ALL of its stakeholders, not just those it picks.  As Schuerger says, engaging everyone is harder, and it can turn into a bigger and sometimes more personal thing.

Lots of the state’s leadership are banking on the notion that Alpha is honestly trying to change from the “bad old days” of Massey Energy, that what Rep. Nick Rahall calls “the new ownership in Southern West Virginia” is going to move the industry beyond repeated environmental controversies and workplace disasters. One thing that’s troubling though, is that some of the positions being advocated by Alpha aren’t really that different from those advocated by Massey under Don Blankenship. They’re cleaned up and made to sound nicer and less confrontational. But then again, Schuerger made a point of labeling the EPA’s efforts to reduce mining impacts as  a “permitorium” and he called EPA air regulations aimed at saving thousands of lives “ill-conceived.“

Among the more interesting things I heard this week were the back-to-back pitches by Gov. Earl Ray Tomblin and Senate President Jeff Kessler about the great benefits the state of West Virginia could get from increase natural gas drilling in the Marcellus Shale, given that it came after Alpha’s Schuerger made a major point about the threat natural gas presents to coal (something emphasized by this week’s announcement that Patriot Coal is cutting back more on its thermal coal production here in West Virginia, to the tune of 250 jobs lost in Boone County).

It’s not surprising that our elected officials seem tone-deaf to what’s going on in energy markets.  It’s not like Gov. Tomblin or Sen. Kessler can go around questioning if natural gas is a good alternative, all the while they are practically giving away the store to try to lure a gas “cracker” plant to the state.  You have to wonder, though, if our political leadership is entirely incapable of looking to the future, what with the governor and the senate president both refusing to even consider legislation that would enact a small tax increase on coal and natural gas to pump billions of dollars into a fund for future economic development, education and infrastructure projects.

With all that said, one common refrain I’ve heard over and over at these and other industry events is that the coal business is just misunderstood by the public (and the press and, I assume, political leadership). Alpha’s Schuerger made that point this week:

Our business is more than challenging. It’s unforgiving. Our business is largely misunderstood. It’s up to us to tell the other side of the story.”

Part of the problem, though, is that — like most of us — coal industry folks who work hard and care about what they do don’t like to admit their failings. If there’s one thing that Alpha Natural Resources desperately wants to do, for example, it’s to not have the words “Upper Big Branch” mentioned very often, if ever again. No, the UBB Mine Disaster wasn’t Alpha’s fault. But the thought of those 29 miners who got blown up on April 5, 2010, is more of a reminder than the industry wants of what the coal industry has and can do to the communities where it operates. If Alpha officials really want to confront stakeholders and engage the public in honest discussions about the industry, Mark Schuerger would have mentioned yesterday that, while he was talking, one of his company’s contractors was being sent to jail for lying to federal agents — Schuerger could have said that what Raymond Dawson did was wrong, and Alpha won’t tolerate it. Instead, we witnessed a coal industry lawyer telling clients and potential clients they might want to consider taking the Fifth, rather than possibly get caught up in a federal charge for lying to the government.

Coal Association Chairman Gary White, who has taught me a thing or two about coal over the years, also talked this week about this issue of coal being misunderstood. As I reported in today’s Gazette:

“We have to continue to defend our industry,” White said. “We have moved the needle of public opinion. The public knows the size of this industry and the contributions to our economy. What they don’t know is that this is an industry that is caring and innovative.”

Gary’s point is partly backed up by the recent polling done for the Appalachian Mountain Advocates, which gave very strong favorable numbers to coal companies. Of course, that poll also showed strong opposition to mountaintop removal, and support for tougher regulations on strip mining.

This was the other thing that Gary White said that really got me thinking:

White said that, while the industry will continue to actively oppose tougher restrictions on mountaintop removal and some federal safety initiatives, many mine operators have found plenty of ways to comply with such rules.

“We will continue to find new, innovative and, in some cases, revolutionary ways to seek permits,” White said, “despite all of the challenges we face from the regulatory agencies.”

If the public doesn’t know that the coal industry has and is finding ways to obtain permits that can comply with the new water pollution guidance from EPA, well, how in the world would the public know that? That’s certainly not part of the industry’s massive public relations campaign. It is hardly ever reported by the region’s media.

And gosh, who have we heard recently say something very similar to what Gary White said? Well, it was the U.S. EPA, in its letter about CONSOL of Kentucky’s Buffalo Mountain Mine:

The EPA’s review of the mining operator’s proposal indicates that feasible, cost effective steps are available to be incorporated into the operation to avoid and minimize the significant, adverse environmental and water quality impacts associated with the Buffalo Mountain mine. Unlike Buffalo Mountain’s mine design, modern, technically feasible and cost-effective mining practices are being proposed and incorporated by many mining companies into their mine designs with the intent to significantly reduce the adverse effects to the aquatic ecosystem.

Instead of telling that story, what we get from the mining industry and its politician friends is more of the same — panel discussions called “Obama’s No Jobs Zone.” If the coal industry is misunderstood, maybe its own public relations agents and lobbyists are to blame. Of course, a PR campaign that explains how the industry is complying with tougher regulations might undermine their effort to kill off those tougher regulations …

President Obama didn’t have much to say about coal during last night’s State of the Union address. But he did talk just a bit about a few things that certainly impact the coal industry. Here are the excerpts:

The differences in this chamber may be too deep right now to pass a comprehensive plan to fight climate change. But there’s no reason why Congress shouldn’t at least set a clean energy standard that creates a market for innovation. So far, you haven’t acted …

… Of course, the easiest way to save money is to waste less energy.  So here’s a proposal:  Help manufacturers eliminate energy waste in their factories and give businesses incentives to upgrade their buildings.  Their energy bills will be $100 billion lower over the next decade, and America will have less pollution, more manufacturing, more jobs for construction workers who need them.  Send me a bill that creates these jobs.

… But I will not back down from making sure an oil company can contain the kind of oil spill we saw in the Gulf two years ago.   I will not back down from protecting our kids from mercury poisoning, or making sure that our food is safe and our water is clean.

By my count, it’s been two years since the president directly mentioned coal in his State of the Union. Some may recall that this is what he said during his 2010 address:

… To create more of these clean energy jobs, we need more production, more efficiency, more incentives. That means building a new generation of safe, clean nuclear power plants in this country. It means making tough decisions about opening new offshore areas for oil and gas development. It means continued investment in advanced biofuels and clean coal technologies. And yes, it means passing a comprehensive energy and climate bill with incentives that will finally make clean energy the profitable kind of energy in America.

I haven’t seen statements from all of West Virginia’s congressional delegation members, but Sen. Joe Manchin never misses a chance to criticize his party’s president and defend the coal industry:

When it comes to energy and regulations, I’m hopeful that when the President looks for overregulation, the first place he looks is his own EPA, which is making it extremely difficult for us to provide the energy this nation needs at affordable prices. I still have a hard time understanding how you can have a comprehensive energy plan in America without coal – when coal produces nearly 50 percent of our energy and knowing that new technologies can make it much cleaner.

West Virginia Gov. Earl Ray Tomblin certainly did a lot of Washington bashing last night in his State of the State address. For example:

This is not Washington D.C., where partisan bickering has subverted the legislative process. This is West Virginia, where the republican and democrat, liberal and conservative, come together, resolve differences, and take decisive action.

Gosh, it’s a good thing that there’s no bickering among politicians in West Virginia … no fighting over something like the gubernatorial succession, whether an acting governor can move into the mansion or who gets to run the state Senate while the Senate President is acting as governor. And certainly, our leaders can do something like draw up new congressional districts without ending up in an embarrassing court battle that leaves voters unsure which district they’ll be in come election time.

But that’s not all Gov. Tomblin said about Washington. He went on:

This is not Washington D.C., where uncontrolled spending has led to uncertainty, a lack of confidence, and a fundamental breakdown in the operation of government. This is West Virginia, where we figured out in a realistic way to cut waste, balance the budget, reduce the tax burden, and commit to our citizens and our businesses, that this is a great place to work, live, and play.

And of course:

This is not Washington D.C., where the EPA and other governmental agencies engage in back-door policy making that threatens the very livelihood of so many of our fellow citizens. This is West Virginia, where we appreciate the need for reasonable, open environmental regulations but understand the fundamental need for jobs and for low cost, reliable energy developed right here in the United States of America.

Never mind the huge role that federal outlays for our aging population, the disabled and the poor — not to mention the fact that, as the fine folks at the West Virginia Center for Budget and Policy explained, federal government spending has played a major part in the economy recovery in West Virginia.  I was reminded of the scene from The West Wing where President Bartlet asks his election rival, a fictional governor who campaigns on an anti-Washington platform, if the federal government can have back all the money it funneled that state’s way:

(more…)

That headline almost seems like a silly question … I mean, don’t we pretty much know what Gov. Earl Ray Tomblin’s going to say about the coal industry? Would anyone be shocked if he didn’t use the phrase “backbone of our economy,” trash the U.S. Environmental Protection Agency and pledge to make sure our coal mines are the safest in the world?

Those have pretty  much been Gov. Tomblin’s standard talking points, from last year’s State of the State address when he was acting governor to his first press conference after being elected to a speech at his investiture ceremony and his inauguration last November, this sort of statement has pretty much summed up Gov. Tomblin’s position:

I will fight for our state’s coal industry, the backbone of our economy. We will continue to take on the federal government and oppose efforts by the EPA and others to stop production of the most efficient fuel our country knows.

There was a tiny glimmer of hope for something more yesterday, when the governor’s office confirmed that the administration would support an increase in the state’s coal-production tax to support continued efforts to save the DEP’s special reclamation fund from insolvency. But even that statement made it pretty clear who Gov. Tomblin turns to for confirmation before pursuing any coal-related initiatives:

The Governor appreciates the Advisory Council’s hard work on issues relating to the special reclamation fund and the steps to make sure that abandoned mine sites are properly treated. He is aware of the proposed fee increase, including the fact that the motion to pass the increase was seconded by a representative from the coal industry. Although he does not believe that we need to be increasing taxes and he does not believe we need to be placing additional unnecessary burdens on the coal industry, he is supportive of the recommendation. By increasing this fee, we will maintain the integrity of our current bonding system, support the special reclamation fund, and the citizens of this State will not be threatened by general tax increases on this issue.

(more…)

West Virginia Gov. Earl Ray Tomblin, left, takes the oath of office administered by State Supreme Court Chief Justice Margaret L. Workman, right, Sunday, Nov. 13, 2011 as his wife Joanne Jaeger and son Brent look on during the inauguration ceremony at the Capitol in Charleston, W.Va. (AP Photo/Jeff Gentner)

Not surprisingly, the coal industry got a favorable mention yesterday when Gov. Earl Ray Tomblin took the oath of office and delivered his inaugural address:

I will fight for our state’s coal industry, the backbone of our economy. We will continue to take on the federal government and oppose efforts by the EPA and others to stop production of the most efficient fuel our country knows.

Gov. Tomblin did not — as he has in the past – include any promise to take action on the mine safety reforms proposed by Davitt McAteer and others following the Upper Big Branch Mine Disaster. Of course, also not mentioned by the new governor were the growing body of studies about the serious public health impacts of mountaintop removal, coal’s huge contributions to climate change (not to mention other serious air pollution problems) and the coming decline in Central Appalachian coal production.

Not so long ago, Gov. Tomblin was promising an open door policy — “frank and honest discussions” — once he took office. Perhaps the governor could start by taking a lengthy meeting with someone like Michael Hendryx, who could tell him about the West Virginia University coal mining health studies, of pulling together some climate-change experts to talk about coal’s contributions to the greenhouse gas buildup in the atmosphere.

The new governor drew some protests at Sunday’s event. As The Associated Press reported:

About two dozen demonstrators protested the ceremony from a lawn alongside the plaza. Most held signs targeting the mountaintop removal method of surface mining. They turned their backs when Tomblin took the oath and then began chanting, but they were largely drowned out during the cannon salute that followed.

Several protesters also heckled Tomblin during his 15-minute address, particularly when he vowed to defend the state’s energy industries and to “fight for our state’s coal industry, the backbone of our economy.” This continued when Tomblin decried “efforts by the EPA and others to stop production of the most efficient fuel our country knows.”

Protesters hold signs Sunday, Nov. 13, 2011 during the inauguration ceremony for Gov. Earl Ray Tomblin at the Capitol in Charleston, W.Va. (AP Photo/Jeff Gentner)

We’ve written before about how quick West Virginia political leaders are these days to jump in and defend the honor of the coal industry against any slight or perceived slight. Well, it happened again, this time after some comments that EPA Administrator Lisa P. Jackson. And, of course, some West Virginia media outlets jumped in to parrot the politicians’ talking points …

First, WDTV-News reported:

Reports claim that EPA Administrator Lisa Jackson allegedly attacked the coal industry at an event Thursday, and now our lawmakers are speaking out.

Jackson reportedly said the coal industry is on life support, and she supposedly attacked Representative David McKinley’s coal ash legislation.

McKinley defended his legislation in a statement. He said, “Coal ash, when recycled, actually makes building materials, and other products, more affordable and environmentally-friendly, and yet, the President opposes my bipartisan bill to finally create federal standards regulating coal ash.”

We caught up with Senator Joe Manchin to get his thoughts on the issue. “I’d rather choose working and rebuilding America by using the energy we have here and try to find that balance. So I guess we just philosophically disagree,” he said.

Not to be outdone, MetroNews jumped in with this story:

Rep. David McKinley, R-W.Va., blasted the top environmental officer in the Obama administration Thursday after allegedly saying the coal industry is on “life support.”

According to a McKinley release issued Thursday, federal Environmental Protection Agency Administrator Lisa Jackson told students at Howard University, “In their [the coal industry] entire history — 50, 60, 70 years, or even 30 … they never found the time or the reason to clean up their act. They’re literally on life support. And the people keeping them on life support are all of us.”

Calling Jackson’s comments “false and offensive,” McKinley blamed Jackson for many of the coal industry’s problems.

McKinley apparently continued:

“The coal industry is on ‘life support’ for one reason only: Lisa Jackson and Barack Obama,” McKinley said. “It takes a lot of gall to sit there in her cushy Washington office – lighted by coal, in a building constructed with coal ash – handing down these job-killing regulations, and then turn around and claim the coal industry owes her a favor.

“It is now unmistakably clear to me that Lisa Jackson’s regulations are not intended to simply strike a proper balance between industry and the environment; rather, the hostility conveyed in her attacks betrays a radical ideologue who believes the folks who mine coal, burn coal and recycle its ash are little better than criminals.”

OK … now go back and look again at the way the MetroNews piece quoted Lisa Jackson:

In their [the coal industry] entire history — 50, 60, 70 years, or even 30 … they never found the time or the reason to clean up their act. They’re literally on life support. And the people keeping them on life support are all of us.

And then, look at what Administrator Jackson actually said, according to the original press account from Greenwire (subscription required):

U.S. EPA Administrator Lisa Jackson today said her agency will fight to oversee the coal industry even as Republicans wage war on regulations, but she stopped short of explicitly supporting student-led efforts to shut down campus coal plants.

Many coal-fired power plants have neglected to update their equipment for decades, she said, and EPA plans to ensure they do so through new toxic emissions standards. Those standards — which were recently delayed a month — would make power plants use up-to-date technology to control mercury, heavy metals and acid gases by about Jan. 1, 2016.

“In their entire history — 50, 60, 70 years, or even 30 … they never found the time or the reason to clean up their act,” Jackson said.

“They’re literally on life support. And the people keeping them on life support are all of us.”

She didn’t say that the “coal industry is on life support.” She wasn’t talking broadly about the coal industry. She was talking about aging power plants and noting, correctly, that many of them have been in service for decades and still lack the most advanced pollution controls.

WVDEP Secretary Randy Huffman, right, confers with then-Gov. Joe Manchin and agency lawyer Ben Bailey. Gazette file photo.

Say what you want about Randy Huffman, secretary of the West Virginia Department of Environmental Protection … one thing that I’ve noticed is that if you pay attention, some fascinating stuff comes out of his mouth about the strengths — and weaknesses — of his own agency. Randy usually tells you what he thinks (see here, here and here).

I was reminded of that yesterday, as I listened to the webcast of a legislative interim committee meeting about legislation to improve regulation of Marcellus Shale natural gas drilling.

Lawmakers were discussing giving WVDEP authority to set tighter limits on how close drilling sites could be to homes, depending on agency findings about the potential effects on public health of nearby residents.  They asked Randy what he thought of the language. Randy explained that lots of people — everyone from industry to residents to the media, I guess — make demands on WVDEP, wanting the agency to say if some particular activity affects human health.  Randy explained why WVDEP is often terribly uncomfortable, and probably ill-suited — to make such determinations:

We’re are not health experts … I don’t have anyone with any expertise on how these things affect human health.

But isn’t an understanding of impacts of industrial activity on public health more and more important, especially given the growing body of science linking living near mountaintop removal mining with increased rates of illnesses and deaths?

Randy noted his belief that dealing with strictly health impact issues is more rightly the job of the Bureau for Public Health, part of the state Department of Health and Human Resources.

But one lawmaker pointed out that, in fact, West Virginia law sets out as one WVDEP’s main jobs:

… To protect human health and safety …