'Harm' under Endangared Species Act now means direct harm, not indirect, such as habitat loss; many states object

Protection of northern spotted owls in the Pacific Northwest
under the Endangered Species Act led to the end of logging
in their habitat. (U.S. Fish and Wildlife Service photo by Tom Kogut)

"The Trump administration is removing protections from the key places where endangered species live, saying states can keep the areas safe, but experts say states aren’t equipped for the task," Alex Brown reports for Stateline.

On July 10, the administration finalized regulations redefinng the word "harm" in the Endangered Species Act, to make it cover only cases where endangered animals are directly harmed. That ruled out such actvities as "logging projects that would cut old-growth trees where owls build their nests, and agriculture operations that diverted water from streams where salmon return to spawn," Brown explains.

A 2019 study of animals added to the Endangered Species List from 1975 to 2017 "found that only 17 percent of them faced threats from direct killing, while 81 percent faced habitat loss," Brown reports. The change means “You can destroy the resources a species requires as long as you don’t do it when the species is at home,” Karrigan Börk, a law professor and director of the Center for Watershed Sciences at the University of California Davis Institute of the Environment, told Brown.

"In public comments after the rule was initially proposed, wildlife agency leaders from both liberal and conservative states said the change would be a blow to their conservation efforts," Brown reports. "Wildlife officials in Arizona, Georgia, Louisiana, New Mexico, New Jersey, Vermont and Wyoming also expressed concern about the loss of habitat protections, as did the Association of Fish & Wildlife Agencies, a nonprofit that represents state wildlife managers. Of the public comments reviewed by Stateline, only Alaska’s wildlife agency leader offered wholehearted support for the change. . . . Even if states were to pass laws and invest in programs to protect wildlife habitat, they would be unable to enforce those measures on federal land."

Federal officials said the change would let states "manage wildlife without burdensome federal regulations," Brown writes.  "But legal experts and wildlife veterans say that almost no states have endangered-species laws on the books that allow state officials to prevent habitat destruction in the name of saving wildlife. . . . Many wildlife experts also noted that state wildlife agencies are already underfunded as it is. Taking on the massive regulatory system that prevents developers and extractive industries from destroying critical habitat would require far more resources than those agencies have available. A coalition of environmental groups and tribal nations have filed lawsuits challenging the federal rollback."

Bill to increase black lung benefits gets bipartisan local support, faces uphill climb in Congress

Black lung disease, as depicted in the above 

X-ray photo, has affected thousands of coal miners. 

Efforts to increase those benefits have been ongoing 

but have thus far failed. (Photo courtesy of Unsplash.com)

Efforts to increase benefits to coal miners suffering from pneumoconiosis, commonly known as “black lung disease,” have stalled in Congress despite bipartisan support at the local level across coal-producing states. Liam Niemeyer reports in the Kentucky Lantern that “dozens of county and city governments — comprised of both Republicans and Democratic leaders — across multiple Appalachian states have passed resolutions to urge an increase in benefits to support the approximately 25,000 recipients of black lung disability benefits.”

The Save Our Miners Act was introduced June 30. The Lantern story notes that it “would seek to increase benefits all the way back to the same funding level, relative to inflation, as miners received in 1969.” The average monthly benefit in 2026 is $794 or about two thirds of what the check would have been in 1970, adjusted for inflation. But while local officials from both parties sound the alarm, partisan ideologies on Capitol Hill have prevented change.

The trust fund pays miners when coal companies deemed responsible can’t be identified or have gone out of business. The revenue comes from a tax on mined coal. “That fund has taken on hundreds of millions of benefit liabilities because of coal mine bankruptcies, a larger trend seen with the rapid decline in the state’s coal mining industry,” Niemeyer reports.

Republicans are hesitant to support the increased spending, citing concerns about the solvency of the fund, and they accuse Democrats of waging a war on coal companies who pay into the fund. Democrats say their proposals would require only modest investment to provide the needed benefit increases.

The Save Our Miners Act is sponsored by Rep. Summer Lee (D-PA) and co-sponsored by Rep. Chris DeLuzio (D-PA) and Rep. Morgan McGarvey (D-KY). It goes next to the House Education and Workforce Committee.

It was once a thriving lakeshore; now it's toxic and poisoning residents. Mining lithium might offer a solution.

In the Imperial Valley of southeast California, community members are seeking a solution to the harmful effects of the Salton Sea, reports Jill Johnston and Shohreh Farzan for The Conversation. In addition to emitting a foul smell that permeates neighborhoods, chemical blow-off from the drying lake bed is causing lung problems in children.

Formed in the early 1900s when the Colorado River flooded and breached an irrigation canal, the Salton Sea has been kept afloat by contaminated irrigation runoff from the Imperial Valley's agricultural region, which contains fertilizers, pesticides, salt and toxic metals. What was once a thriving tourist and celebrity attraction in the 1950s is now a toxic, shrinking lake.

“As the lake shrinks, wind blowing across the exposed lake bed kicks up toxic dust left by years of agriculture chemicals and metals washing into the lake,” Johnston and Farzan report. “That dust makes its way into the lungs of the children of the Imperial Valley.” 

Findings show the Imperial Valley children's respiratory health symptoms. (Chart via The Conversation CC, data from Jill Johnston 2024 environmental research, Click to enlarge)

They even found the effects on lung function near the Salton Sea are greater than what studies find in urban California areas by busy roadways.

Their study following 700 elementary school-age children across five northern Imperial Valley cities for several years shows higher rates of air pollution were linked to overall poorer respiratory health and children living closer to the sea had poorer lung function. They also report 1 in 5, or 20% of, children in the Imperial Valley have asthma, which is much higher than the national rate of 5.4-7%.

One solution to the deteriorating quality of life in the Imperial Valley is a well-done lithium extraction facility, community members told Soumya Karlamangla at The New York Times. The Salton Sea sits on top of $500 billion worth of lithium, enough to provide the entire nation’s demand for decades, Karlamangla explains. The U.S. currently imports most of its lithium as it only has one active lithium mine in Nevada.

The Imperial Valley region has crumbling infrastructure and a high unemployment rate. “The lithium companies could collectively create 1,000 construction jobs and 700 permanent operations jobs,” Karlamangla reports.

Residents worry that a lithium extraction will cause the air pollution to worsen and require more use of the community’s depleting fresh water source, especially if not done correctly, Karlamangla reports. Currently, three companies are trying to extract the metal, but lawsuits from environmental groups and broken promises from geothermal and solar industries have slowed the process.

One company expects to commercially extract lithium by 2028, and the California State Legislature authorized a tax on each pound of lithium extracted, giving 80% to Imperial County communities and 20% to the state for Salton Sea restoration efforts, reports Karlamangla.

Global liquified natural gas shortage pushes countries back to coal

An active coal mine in Indonesia. (Photo by Dominik Vanyi, Unsplash)

Countries are turning back to coal-fired power to fill the energy gap left by liquefied natural gas imports held up by Iran's choke hold on the Strait of Hormuz, The Economist reports.

With nearly a fifth of LNG supplies stuck in the Persian Gulf, countries that rely on LNG imports for electricity generation are scrambling to find a substitute. "Rich ones are forking out more for whatever LNG they can get their hands on. Some poor ones have shut schools or urged businesses to cut short their work week," The Economist reports. "Everyone is looking for alternatives. Many are eyeing coal."

Despite its declining popularity, coal-fired energy remains part of the global energy mix that some countries are putting back online to replace LNG supplies. "Japan and South Korea have lifted restrictions on older coal-fired power plants, which were being phased out," The Economist reports. "Prices for Australian coal, most of which typically ends up in Asia, have risen three times as fast as those in Europe and five times as fast as in America since the start of the war."

While the coal market is warming up, its progress could be slowed by China and Indonesia, which have active mines that can increase production to counter the LNG shortages.

If the Strait of Hormuz remains closed, the coal market is likely to see a temporary boom, since demand from major energy importers such as Japan, South Korea and Taiwan could push coal prices higher, The Economist reports. 

Quick hits: Cold Case Card Deck to solve crimes; USPS podcast; Walmart's new milk plant; states snip SNAP snacks

Maine State Police hope their card deck 
will generate tips on unsolved cases. 
(Maine State Police photo via Midcoast Villager)

The Maine State Police are launching a Cold Case Deck of Cards initiative to generate leads for unsolved cases. "The deck features 52 of Maine State Police’s unsolved homicides and suspicious missing person cases and will be distributed to inmates in correctional facilities across the state," reports Jim Leonard of the Midcoast Villager. "This marks the first time the concept has been implemented in Maine. Similar initiatives in more than two dozen states have been credited with helping solve multiple homicide investigations."

Just because cranberries are tart doesn't mean they require a ton of sugar to become tasty. "Diabetics or anyone who wants to reduce the added sugars they’re consuming can try a few culinary tactics to lower their sugar intake while still enjoying this holiday treat," writes food scientist Rosemary Trout for The Conversation. "Don’t cook your cranberries much longer after they pop. You’ll still have a viscous cranberry liquid without the need for as much sugar. … For a richer flavor and a glossy quality, add butter. … Adding chopped walnuts, almonds, or hazelnuts can slow glucose absorption, so your blood glucose may not spike as quickly."

In a tribute to snail mail and history buffs, a new podcast, "People of Agency," offers listening excursions into "the stories of individuals who have shaped USPS over its 250-year history," reports Sean Michael Newhouse of Government Executive. The show is co-created and co-hosted by Aileen Day, a political communications consultant, and Maia Warner-Langenbahn, who co-hosts the "Well, I Laughed" podcast. In the show's first episode, the duo recount the story of Mary Katherine Goddard, who was "put in charge of Baltimore’s mail in 1775 and printed the first copy of the Declaration of Independence that listed all of its signatories."

In a bid to have more control over production and supply, Walmart recently opened its "second U.S.-owned milk processing facility in Valdosta, Ga., a $350-million plant supplying milk to more than 650 Southeast stores," reports Taylor Leach of Dairy Herd. While the company does purchase milk from local farmers, "some critics have warned Walmart buys milk from only a handful of large farms, putting smaller farms under further pressure. … The opening also follows Walmart’s recent investments in case-ready beef plants in Thomasville, Ga., and Olathe, Kansas."

Shaking your real Christmas tree before bringing it 
into your home can keep bugs from coming inside.

The holidays can be full of surprises, but discovering six-legged stowaways in your freshly cut Christmas tree shouldn't be one of them. "Bringing a real Christmas tree into your warm living room can accidentally wake up thousands of dormant bugs, turning your cozy holiday into a surprise visit from nature," reports Jenn Jordan of The Weather Channel. To prevent insect or spider visitors from entering your home, while your tree is still outside, give it more than one seriously hard shake. Many tree farms use mechanical shakers, which can also do the trick.

From the bubonic plague to cholera pandemics to deadly staph infections, bacterial illnesses often pose one of the biggest challenges to human survival. But with innovation, microorganisms can also help humans do remarkable things. "In the boulder-strewn desert east of Tucson, Arizona, miners are using sulfuric acid and bacteria to bring online the first new U.S. copper production in more than a decade," reports Ryan Dezember of The Wall Street Journal. Advances in technology are key to how this copper is mined. The enterprise uses "microbes to strip copper from ores that are otherwise uneconomical to mine." The Grand Canyon's state motto just happens to be Ditat Deus, which is Latin for "God Enriches." Last year, 70% of U.S. copper came from Arizona.

A total of 18 states have banned some non-nutritious foods from SNAP purchases. 
(Axios graph, from USDA data)

More states are restricting junk food purchases with Supplemental Nutrition Assistance Program benefits to increase the federal funding they receive. "Six more states agreed to ban the use of SNAP benefits for junk food under new deals with the Trump administration," reports April Rubin of Axios. "The new waivers restrict the purchase of non-nutritious items like soda, energy drinks, certain juices, prepared desserts and candy." While which foods and drinks are restricted varies by state, all states with added nutritional restrictions will all receive more federal dollars to support their SNAP programs.

Tired of waiting for the Trump administration to enforce silica limits, coal miners protest

Silica dust in coal mines causes black lung disease.
(Adobe Stock photo)

In response to the Trump administration's refusal to enforce federal limits on silica dust, dozens of miners and their families will protest today "arguing the Trump administration has failed to protect them from black lung disease, an incurable illness caused by inhaling coal and silica dust," reports Lisa Friedman of The New York Times.

"Labor unions, Democrats and a growing number of miners accuse the Trump administration of ignoring workers while using hundreds of millions of dollars in federal subsidies to bolster the companies that operate coal plants and mining operations," Friedman writes.

The ceiling on silica exposure was "supposed to take effect in April. But the National Sand Stone and Gravel Association, the National Mining Association and other industry groups asked a federal appeals court to block the rule, citing the cost to mine operators," Friedman reports.

The Trump administration could have moved forward with applying the silica rule, but instead opted to "pause" enforcement while the court case plays out.

Gary Hairston, a retired West Virginia coal miner, who is the president of the National Black Lung Association, told Friedman, "The companies might be getting a handout, but the miners ain’t getting none."

While miners wait, the black lung disease continues to spike, with doctors diagnosing the disease in younger coal workers. Friedman writes, "Once considered a disease of older miners, black lung is now being diagnosed in workers in their 30s and 40s."

Anna Kelly, a White House spokeswoman, said in a statement that "President Trump cares deeply about unleashing America’s energy potential, as well as standing up for those who fuel our country' like coal miners," Friedman reports.

More recently, the Trump administration "petitioned the court to prevent labor unions and a lung health association from intervening in the case," Friedman writes. "This month it asked for another court delay, citing the government shutdown."

Report: Coal dust from active mines is more toxic, but mining inspectors fail to sanction coal mine owners

Healthy lung versus black lung. (CDC graphic)

Despite increasing rates and severity of black lung disease in Appalachia, coal mining operators continue to avoid U.S. Mine Safety and Health Administration harsh consequences meant to protect coal miners from toxic levels of coal dust and its more lethal counterpart, silica, report Michael D. Sallah, Jimmy Cloutier and Mike Wereschagin of the Pittsburgh Post-Gazette.

MSHA inspectors have repeatedly documented "dangerous levels of dust spewing in the mines — conditions that can prompt a temporary shutdown of an underground workplace — but failed to impose any penalties, only to find the companies violating the same thresholds again," the Post-Gazette reports.

When black lung disease began surging in 2009, the MSHA launched a campaign to clamp down on coal operators, but critics say the stricter sanctions on mine owners have not produced safer work conditions for miners.

If anything, mining is more deadly for workers who have to drill deep into silica-producing sandstone and limestone to reach coal beds. The Post-Gazette reports, "Fine particles of silica cut into the lungs, creating deep scars and inflammation, forcing the patients to use oxygen and eventually choking off their ability to breathe."

The impact of silica on today's coal miners is startling. Sallah writes, "In central Appalachia, one in every five people who have worked in the mines for at least 25 years is suffering from black lung disease."

Equally troubling is how many active mines ignore regulations and escape enforcement. "Hundreds of coal dust samples pulled from mines since 2014 were found to be breaking the limits without any disciplinary action taken by MSHA," the Post-Gazette reports.

Coal operators could lessen dust exposure, but those changes to ventilation and processes would cost "roughly $100 million a year," the report explains. 

Mine operators continue to push for their right to choose how they protect workers from coal dust.
Over the past year, one mine in Kentucky "showed a silica level eight times the safety threshold," the Post-Gazette reports. "In West Virginia last year, the level was six times over the limit."

West Virginia's waterway 'reclamation' yields cleaner water, rare earth metals and a growing outdoor industry

Deckers Creek is flowing with fresh water and 
wildlife again. (Wikipedia photo)

Coal mines left waterways across West Virginia polluted by sulfuric acid and metals, but that’s not the end of their story. "Set on a quiet hillside, a series of cascading ponds are doing their small part to fix a big problem," reports Mira Rojanasakul of The New York Times. The three-pond system slowly "reclaims" the state's waterways for wildlife and people to enjoy once again, and it comes with a side benefit of rare earth elements.

The three-pond system works to reduce water acid and then remove metals. The first pond allows water to "percolate through limestone and organic matter," Rojanasakul explains. The second pond completes more filtration, allowing the aluminum to drop out. By the time the water flows from the third pond, the iron has dropped out. "Fish and sensitive species like salamanders and frogs are returning to Deckers Creek, which for decades flowed rust-orange and lifeless from iron and other pollution."

Deckers Creeks is "one of dozens of cleanup sites being installed across West Virginia, helping the state make progress on a global environmental issue: waterways poisoned from coal mining," Rojanasakul reports. "A few miles downstream, a new, higher-tech version of this cleanup process is yielding an unexpected bonus: 'Rare earth' elements, essential for clean energy technologies and military equipment, are being recovered from the pollution."

Decreasing water acidity and removing metals isn’t just helpful for wildlife and biodiversity -- acid mine drainage "can corrode pipes and threaten drinking water for many residents of rural West Virginia who rely on backyard wells," Rojanasakul writes. 

Federal and state officials help guide West Virginia's waterway reclamation efforts, but the "boots on the ground" are often small nonprofits. Rojanasakul adds, "They monitor sprawling watersheds and build relationships within communities, even talking private landowners into opening up their backyards for cleanup work."

Many locals view their reclaimed waterways as a potential path to a new revenue source for residents and the state. Rojanasakul reports, "Employment in the state’s outdoor recreation economy is starting to rival other industries, with 20,300 jobs in 2023 compared with 17,700 workers in mining and support activities that same year."

Seeking the safety of higher ground, Kentucky builds new homes on its abandoned mountaintop mines

Coal mining can leave land with a "lunar surface"
atmosphere. (Adobe Stock photo)

Kentucky families looking for respite from repeated flooding look to make mountaintop mines their new home. "In 2022, apocalyptic flooding swept across eastern Kentucky," reports Austyn Gaffney of The New York Times. "Now, instead of rebuilding in the floodplain, the state is permanently lifting residents onto safer land."

Kentucky is two years into a $800 million plan to reinvent long stretches of barren land left behind from mountaintop strip mining into neighborhoods perched away from valley flooding. "Seven communities across four counties have been designed for 665 brand-new properties," Gaffney writes. "Fourteen houses have been completed and about a dozen people have moved into two communities."

Kentucky isn't the only state exploring climate migration. It has "already reached places like Louisiana, where low-lying communities like the Isle de Jean Charles are being forcibly abandoned," Gaffney explains. The state's mountaintop relocation approach "is the largest known housing project on reclaimed mine sites in the country."

Strip-mined mountaintops offer the safety of higher elevation and flat ground for construction. "Mark Arnold, a landscape architect who designed five of the high-ground sites. . .plans to incorporate the place-based culture of floodplain communities," Gaffney writes. "His vision — small clusters of houses, eventually enveloped by reforested land — would emphasize the importance of family and neighborliness."

Even with the benefits the new community offers, some residents may find it hard to leave the land their families have lived on for generations. "It can be difficult to adjust to life on higher ground," Gaffney reports. "But residents want to escape future floods and keep their families safe."

A huge U.S. lithium mine needed for EV battery production vs. a flower found nowhere else in the world

Rhyolite Ridge lithium mine site (ioneer photo)

Step by step, the Biden administration inches closer to green-lighting ioneer's Rhyolite Ridge lithium mine in Nevada, reports Ernest Scheyder of Reuters. Last week, it "published a key environmental report [which is] the last step needed before approving what would become one of the largest U.S. sources of the electric vehicle battery metal." But some conservationists are adamantly against the mine opening despite its cleaner energy purpose.

Ioneer's path to opening has been ongoing for at least six years while the project was reviewed. "The Bureau of Land Management published a final environmental impact statement, that sets in motion a review period of at least 30 days before a record of decision -- essentially a mine's permit -- can be issued," Scheyder explains. "BLM also published an opinion on how a rare flower at the mine site can best be protected."

The rare Tiehm's buckwheat flower (CBD photo)

The site is home to Tiehm's buckwheat flower, "which is found nowhere else on the planet and was declared an endangered species in 2022," Scheyder reports. "The Center for Biological Diversity and some other conservation groups thus oppose ioneer's project." Patrick Donnelly of CBD called Tiehm's buckwheat flower a "linchpin of the local ecosystem, harboring a highly diverse pollinator community."

It's hoped the mine's lithium production can help the U.S. combat Chinese metal production. Scheyder writes, "The U.S. Geological Survey has labeled lithium a critical mineral vital for the U.S. economy and national security. The proposed mine, roughly 225 miles north of Las Vegas, contains enough lithium to power roughly 370,000 EVs each year."

Battle over mining in Arizona is about U.S. green energy needs, religious rights and land use

A view of Palabora, a South African copper mine, which was partially developed by Rio Tinto. Palabora's mine crater is roughly 1.24 miles across. Resolution's crater is expected to be 2 miles across. (Adobe Stock photo)

Resolution Copper wants to dig 5,000 to 7,000 feet into Arizona's Oak Flat desert to mine the region's vast copper-molybdenum deposit. The resistance to the project by Native American tribes and religious groups goes just as deep.

The Resolution Project has been under development by mining behemoths Rio Tinto and BHP Group since 2002. The companies and project supporters insist extracting the region's copper deposit is vital to shore up the mineral competition with China and for the U.S. transition to renewable energy. The opposition sees the mine and its expected 2-mile-across crater as exploitation of tribal holy ground.

Overall, the project has powerful backers: "It has generally been supported by the Obama, Trump and Biden administrations, though the latter has asked for more study as it seeks to balance its desire for clean-energy supplies with protections for the environment and the interests of Native Americans. The project can’t advance until that study is completed," report Phred Dvorak and Rhiannon Hoyle of The Wall Street Journal. "Many state and local officials [also] back the project."

Resistance to the project centers on Oak Flat, a stretch of land many Apaches consider sacred ground. The entrance to the mine is on Oak Flat, with the copper thousands of feet below. The main Apache opposition group, known as Apache Stronghold, was formed by the Apache San Carlos tribe and is represented by the Becket Fund, "a high-powered Washington, D.C., law firm known for championing conservative causes," Dvorak and Hoyle write. "Becket said it is planning to take its fight to the Supreme Court, where it has an 8-0 record."

Once Apache Stronghold and Becket joined forces the cause gained "a host of new religious allies. . . . Scores of religious groups have also submitted amicus briefs supporting Apache Stronghold’s suit," the Journal reports, "including organizations representing Mennonites, Seventh Day Adventists, Sikhs and Muslims."

Meanwhile, Resolution developers say "they have invested in an extensive monitoring network for groundwater, springs and other bodies of water that will be checked by regulators and a community working group," Dvorak and Hoyle add. "Resolution’s owners are trying to honor that commitment by consulting and joining with local tribes in good faith for the duration of the project, said Gare Smith, a lawyer who focuses on human rights and advises the project’s owners."

Not all regional tribes oppose the mine. "Other local tribes are attracted by potential economic benefits in a state where the tribal poverty rate is 29%," the Journal reports. "Among the ones with ties to Oak Flat, most have at some time officially opposed the mine."

To read more about U.S. copper needs, click here.
To find out more about the animals and plants that are native to Oak Flat, click here.

New Bureau of Land Management rule puts conservation work 'on equal footing' with commercial land uses

Photo by Bob Wick, Bureau of Land Management via the Montana Free Press

Five years ago, leasing land for conservation purposes wasn't allowed, but leasing it for commercial uses was. A new Bureau of Land Management rule has changed that dynamic. "The BLM adopted a long-awaited rule that aims to put conservation initiatives 'on equal footing' with oil and gas leasing, grazing and other commercial uses of federal land," reports Amanda Eggert of the Montana Free Press. "This shift by the country's largest land manager has been applauded by conservation and environmental organizations and criticized by oil and gas and agricultural groups."

The rule intends to "allow the BLM to lease land for 'restoration' and 'mitigation.' The agency said these leases will help it meet water security, biodiversity and climate objectives," Eggert writes. White House Council on Environmental Quality Chair Brenda Mallory said in a release, "From the most rugged backcountry spots to popular close-to-home recreation areas, these reforms will help deliver cleaner water, healthier lands, abundant wildlife, and more recreation opportunities for all of us."

The Business for Montana's Outdoors and The Wilderness Society applauded the rules, while the Western Energy Alliance criticized it as government overreach. WEA President Kathleen Sgamma told Eggert, "There are hundreds of millions of acres set aside for wilderness and national parks. . . . But there are also working landscapes all across the West that provide food, fuel and fiber for all Americans." Eggert adds, "She anticipates her group will file a lawsuit to overturn the rule."

Eggert reports, "The BLM manages more than eight million acres in Montana, making it the state's second-largest land manager behind the U.S. Forest Service. . . . The agency received more than 216,000 comments on the proposal during a 90-day public comment period it initiated last spring."

Union leader for mine workers says new EPA rule will put 'a nail in the coffin for coal mining'; critics vow to fight it

Cecil Roberts

A new rule by the Environmental Protection Agency could leave thousands of mine workers unemployed, say critics who have vowed to fight the change. "United Mine Workers President Cecil Roberts contends newly-final federal rules on power plants represent a nail in the coffin for coal mining," reports Brad McElhinny of MetroNews, which serves West Virginia. "Under the EPA rule, coal plants that plan to stay open beyond 2039 would have to cut or capture 90% of their carbon dioxide emissions by 2032."

Roberts told McElhinny, "At first glance, however, this rule looks to set the funeral date for thermal coal mining in America for 2032 – just seven and a half years away – along with the hundreds of thousands of jobs that are directly and indirectly associated with it." McElhinney reports, "EPA's rules come under the Clean Air Act, Clean Water Act, and Resource Conservation and Recovery Act. EPA described the announcement as providing regulatory certainty as the power sector makes long-term investments in the transition to a clean energy economy."

As the EPA pushes for renewable energy, people like Roberts are skeptical that the investments and technology are ready for transition. "Roberts expressed doubt that technological innovations like carbon capture and storage are truly feasible or affordable as a way of continuing to use fossil fuels," McElhinny writes. Roberts said, "Since we don't have the technology, it looks to us as if 2032, if this rule stands as us, coal power plants couldn't operate after 2032."

The region will face more joblessness and poverty without new jobs provided through energy investments into new technology. Robert told McElhinny: "I'm not trying to pick a fight with anybody, but I'm not going to mislead anybody either. Part of the understanding was there would be jobs come to Appalachia — anywhere coal is currently being mined where power plants might close, coal mines might close — there would be good-paying union jobs to take their place. That has not happened."

Several West Virginia lawmakers and leaders have vowed to work against the new rule, including U.S. Sen.  Shelley Moore Capito, ranking member of the Senate's Environment and Public Works Committee, U.S. Sen. Joe Manchin and West Virginia Attorney General Patrick Morrisey.

Work is under way to create a 'significant' mountaintop renewable energy project in KY to power 170k homes

A BrightNight Starfire Renewable Power Simulation. The area is as big as Disney World.
(BrightNight image via YouTube)

As Appalachian coal production continues to decline, the region is looking at renewable energy production to fill the gap. For one mountaintop mining location, Eastern Kentucky's Starfire Mine, carefully repurposing its sprawling 27, 000 miles is already under way "with one of the most significant renewable energy projects in development in the eastern U.S," reports Kim Kobersmith of The Daily Yonder. "The success of the pilot project happening on the Starfire Mine site could change possibilities for these sorts of mines moving forward."

The pilot project offers significant promise in the short and long term. "BrightNight is a global integrated power company that designs, develops, owns, and operates large-scale renewable power projects," Kobersmith explains. "Its ambitious plan to create an 800-megawatt solar energy project, enough to power 170,000 homes annually, on a 7,000-acre brownfield could tip the scales toward future similar projects."

Developing an expanse the size of Disney World with the unique characteristics of mined land takes time, leaving BrightNight with a lot of work to complete before construction begins in 2026. "The challenges are three-fold: the physical characteristics of the site itself, the number of partners involved, and the complexity of the engineering," Kobersmith writes. BrightNight is collaborating with Rivian, a company that "designs, develops and manufactures electric vehicles and is working towards a net zero operation by 2040," and The Nature Conservancy."

Mindful of Eastern Kentuckians' history with extractive mining, BrightNight's leadership is working to connect the project to Star Mine's surrounding community. "The company is hoping to partner with area educational centers like Hazard Community and Technical College to provide training for the 250 construction jobs that will be created by the project," Kobersmith reports. "They hope to support electricity, road construction, and engineering needs for the Olive Branch Community, a state-supported flood recovery housing development slated to be built on the mine, adjacent to the renewable energy project."

Kobersmith writes, "In the case of Starfire Mine, the BrightNight Starfire Renewable Energy Center will create a taxable asset where there would not otherwise be one, generating an estimated $150 million tax revenue over the life of the project."

Adam Wells, Regional Director of Community and Economic Development for Appalachian Voices, told Kobersmith: "The narrative of renewable energy is powerful in an energy-producing region. It sends a positive message to people, not grasping at the past but looking to the future."

Money for clean-energy projects goes to former coal towns

Boston Metal will make clean-energy metals at the old Weirton
Steel location in W.Va. (Photo by Luke Sharrett, The New York Times)

From Weirton, West Virginia to Vernon, Texas, to Vandergrift, Pennsylvania, the Department of Energy is funding projects designed to help medium-sized manufacturers "bring clean-energy jobs to former coal communities," reports Hiroko Tabuchi of The New York Times. The infusion of cash is part of the Biden administration's effort to gain support for its climate agenda in regions that have long depended on the fossil fuel industry. The administration hopes that funding new jobs in energy can help coal workers and regional economies transition.

Hard work for decent pay and good benefits once defined U.S. coal mining jobs, but over the past decade, those jobs have disappeared. "These energy workers haven't been finding clean-energy jobs despite the rapid growth in industries like solar and wind," Tabuchi writes. "Coal workers, in particular, have struggled in the transition, a recent study found. "Less than a quarter of a percent of workers who left a fossil fuel job in West Virginia moved onto a job in renewable energy, said E. Mark Curtis, an economist at Wake Forest University who led the study. Education was another factor: Fossil fuel workers without a college degree were significantly less likely to find clean energy jobs."

Curtis told Tabuchi: "In places like Texas or in the middle of the country where there's a lot of solar and wind, fossil fuel communities are relatively well positioned to take advantage of renewables. Coal communities generally don't have that, especially when you think about Appalachia." Tabuchi reports, "He said it made sense for government funding to target former coal regions and to focus on manufacturing projects because data showed that former fossil fuel workers most frequently sought to switch to manufacturing jobs."

The DOE grant program aims to help the U.S. become more competitive in the clean-energy manufacturing sector while using the $275 million investment to revitalize former coal towns' economies. The companies building the new plants said "they are eager to tap local expertise," Tabuchi reports. Tadeu Carneiro, the chief executive of Boston Metal, told him: "The most valuable asset for the project is a legacy workforce that has played a significant role in the U.S. metals industry." Tabuchi adds, "Its new West Virginia plant expects to hire 200 to 250 people and will manufacture ultra pure chromium metal and high-temperature alloys that are critical materials needed for clean power, fuel cells, and steel. Currently, foreign manufacturers dominate those materials."

Selling solar in coal country begins with local trust and an understanding of the history of those communities

Overcoming solar opposition begins with understanding
coal's history. (Photo by Gabriel Fibz, Unsplash)

Selling solar in coal country might sound like a tall order; however, solar advocates in southwestern Virginia have built a cooperative system of local support for solar. "In 2016, a coalition of businesses, nonprofits, colleges, local governments, and citizens launched the Solar Workgroup of Southwest Virginia, which collaborates with Secure Solar Futures," reports Hannah Wilson-Black for Grist. "It includes experts in every aspect of the green transition, from community organizers who tell neighbors about the benefits of solar to legal experts who propose legislation."

The group's plan began with an understanding of the history and outlook of coal communities and why they might not welcome solar. Emma Kelly, who grew up in eastern Kentucky and now leads the Solar Workgroup's community outreach, told Wilson-Black: "I’m from the coalfields. And you have to understand. Coal mining is not just a job. The coal industry is not just an employer. It’s not like Walmart. [Coal companies] built towns, they built schools, they built churches, they made their own money. You cannot really overestimate the amount of domination they had over these social and economic systems.”

"Because residents of southwest Virginia may see solar as helping accelerate the loss of coal jobs, she and Matt McFadden from Secure Solar Futures consider their being locals an important component of building confidence in, and support for, the technology," Wilson-Black reports. "More important, though, is the fact that local solar advocates and companies like Secure Solar Futures make it clear that their mission goes beyond profit. 'I don’t get anything out of this except a sense of fulfillment,' said Kelly, who became involved in solar advocacy in 2022 after learning, to her surprise, of solar’s potential in the coalfields."

Considering the region’s history, and overall distrust of energy companies, Kelly and other solar advocates in southwestern Virginia "said being local, proving solar’s benefits, and building a coalition have been key to ensuring the technology’s success in the face of cultural and political opposition," Wilson-Black writes. The group has made progess, which is on display in the coalfield community of Whitesburg, Kentucky, where "a solar pavilion and rooftop at the arts education center Appalshop has attracted curious neighbors, said Kathleen Byrne, the center’s development director."

Local focus and trust building continue to help solar succeed in the region. "McFadden said demonstrating the technology’s feasibility through community-focused projects like the 12 school installations his company is handling has changed perceptions in the area," Wilson-Black writes. "Hiring locals to install and maintain the photovoltaic panels is key, too. In 2022, Secure Solar Futures started an annual apprenticeship program that trains local high schoolers to do everything from wiring arrays to the physical heavywork of carrying and arranging panels, and pays them $17 an hour. This tangible example of a solar operation employing community members has been part of 'the proof in the pudding,' McFadden said."

Renewable energy companies and unions working together might be the answer for some displaced coal workers

Renewable energy companies look to coal country
for workers. (Sparkz graphic)

Hard work for decent pay and good benefits once defined U.S. coal mining jobs, but over the past decade, those jobs have disappeared, leaving displaced workers with few job options. For some coal workers, finding employment in renewable energy might be an answer, reports Benjy Sachs of Capital and Main. "Since 2012, employed coal miners have dwindled from about 90,000 to less than 42,000. Environmental and labor advocates often speak of a 'just transition,' an economy-wide replacement of fossil fuel usage with renewable energy that offers new jobs and support for current fossil fuel workers."

Providing good-paying jobs in depressed coal regions is no simple task, but with the help of tax incentives, some renewable companies are finding locations primarily in Rustbelt and Southwestern communities to build factories and create jobs. Sparkz, a manufacturing startup, is one example. Sachs reports, "The company has signed an agreement with the United Mine Workers of America that prioritizes displaced miners for jobs at an upcoming West Virginia battery plant. . . . For the mineworkers union, a chief concern is whether a new job for a former mineworker comes with the same level of pay, job security and right to organize as they had when working in a mine."

Thom Kay, program manager for energy transition at the BlueGreen Alliance, a nonprofit that connects environmental organizations with labor unions, "thinks Sparkz's partnership with the mineworkers union is a step in the right direction," Sach writes. Kay told him, "I'm really excited to see it happening. I think it shows that it's a good example for other companies." Sachs reports, "Sparkz said it intends to apply for the Inflation Reduction Act's Advanced Energy Project Credit to invest in repurposing a defunct glass factory into an operational battery plant. The credit covers 6% of the upfront investment and increases to 30% if the company pays its employees at the prevailing wage level and uses apprentice labor."

Other renewable energy locations are also choosing union representation. "Workers at Ultium Cells LLC, a joint venture between General Motors Co. and South Korea's LG Energy Solution Ltd., recently voted to be represented by the UAW, marking the first union organized at an electric vehicle battery manufacturing plant," Sachs reports. "Workers at Ultium and other joint venture EV plants are not yet covered by the UAW's master contract — something the UAW hopes to change in its negotiations. Ultium recently received a $2.5 billion loan from the Department of Energy."

Doggedly investigating and reporting on coal, this reporter and his team are finally getting results

Howard Berkes' investigations have helped change coal
mining. (Photo by Wanda Gayle, Mt. State Spotlight)

Why and when federal officials pay attention to a problem may hinge on one thing -- who reports on it and how they do their job. In Appalachia, Howard Berkes has been covering coal for 38 years, bringing awareness, attention, and government action to miners' health issues. "The coal-producing regions of central Appalachia are at the center of an epidemic of advanced black lung cases among coal miners," reports Mason Adams of Mountain State Spotlight in West Virginia. "New reporting by a retired NPR reporter [Howard Berkes] has shown how federal officials underestimated the sheer number of cases across West Virginia, eastern Kentucky and southwestern Virginia, and now regulators seem to be responding."

At issue is silica dust produced from coal and quartz mining, causing exposed miners to develop an advanced version of black lung disease known as progressive massive fibrosis. Responding to the increase and severity of black lung cases in Appalachia, Berkes' coal beat has uncovered data and propelled change. "He worked with NPR and the PBS series "Frontline" and spent more than a year investigating fears that federal regulators and mining companies were failing to protect coal miners from toxic dust," May explains. "He and his team obtained documents and data showing federal mine safety officials had evidence of the danger dating back more than 20 years, but never addressed it.

"Lately, the metallurgical coal industry has been ramping up production to meet global demand, and experts predict even more advanced black lung cases will appear. After years of inaction, though, federal officials are addressing the issue," May reports. "Over the summer, the Mine Safety and Health Administration proposed a rule intended to protect coal miners from exposure to silica dust. By the time the comment period closed in September, the draft rule had attracted 157 comments."

Berkes is part of a new investigation into advanced black lung cases co-published by Public Health Watch, Louisville Public Media and Mountain State Spotlight. Click here to read Berkes' Q&A with "Inside Appalachia" host Mason Adams on what that investigation has found.

Bloomberg says he plans to spend another $500 million to 'finish the job on coal' by going after power plants

Photo by Albert Hyseni, Unsplash

In a bid to hasten the end of the U.S. coal mining, former New York City mayor Michael Bloomberg said he will pump $500 million into "the next phase of his energy transition campaign, aiming to shut down 'every last' coal plant in the United States and slash gas-fired capacity in half by 2030," reports Valerie Volcovici of Reuters. The money is intended to bolster Bloomberg's Beyond Carbon initiative and "aims to 'finish the job on coal' by working with state and local organizations to force the closure of the roughly 150 coal plants that have not yet retired, slash current gas generation in half and block the construction of new gas-fired plants."

Bloomberg's decade-long investment into ending coal energy has already topped $500 million through the "Sierra Club's Beyond Coal campaign, which originally aimed to retire 30% of the U.S. coal fleet by 2020," Volcovici writes. "The campaign ended up accelerating the retirement of over 60% of coal plants by that year and putting $85 million toward a similar mission to fight the expansion of petrochemical plants in the U.S."

Bloomberg, who is the U.N. Special Envoy on Climate Ambition and Solutions, told Reuters: "By working with our partners across the country, we hope to transform the way we power America by moving beyond fossil fuels and replacing them with renewable energy." Volcovici reports, "The money would support litigation brought against utilities and power companies by grassroots groups, state and local policy advocacy and financing to assist local communities with coal plant closures, Bloomberg Philanthropies said."

Hardrock mining companies pay 'a pittance' for minerals mined from public lands. Some say taxpayers need more.

A copper mine shaft 1,100 feet below the surface near
Superior, Ariz. (Photo by Tamir Kalifa, The New York Times)

Since 1872, mining companies have taken stores of gold and other metals from public lands without paying royalty fees to the federal government. The Biden administration says lawmakers need to "fix the Gold Rush-era General Mining Law so it can better manage the mineral resources buried under millions of acres of public land," reports Lisa Friedman of The New York Times. "A top priority: require companies to pay something in exchange for what they take. Unlike companies that extract oil, gas and coal from federal lands, hardrock miners pay no royalties to the federal government."

Initial plans suggest a 4 to 8 percent fee of the net value of mined materials, which "could translate into as much as $97 million annually and drew sharp opposition from mining operators," Friedman writes. Tommy Beaudreau, the deputy secretary of the Interior Department, told Friedman: "The biggest takeaway from our report is that our 150-year-old-law, the 1872 mining law, needs to be reformed and brought into the 21st century."

Beaudreau heads up a "working group of officials across federal agencies who reviewed policies and regulations for hardrock mining," Friedman explains. "The group found the law did not do enough to steer mineral exploration away from sensitive resources or to promote 'early and meaningful' engagement with tribes or other affected communities. . . . And the law should require mining companies that take resources from public lands to pay something for that privilege. . . .The report stated, [the law] 'fails to provide the American taxpayer with any direct financial compensation for the value of hardrock minerals extracted from most publicly owned lands.'"

While mining operations pay state royalties and taxes, operators on federal land "only pay the U.S. government one-time claim processing fees totaling $60. Many companies also pay an annual $165 maintenance fee per site, according to the report," Friedman writes. Mining companies oppose the change. Rich Nolan, chief executive of the National Mining Association, told Friedman that the changes would "throw additional obstacles in the way of responsible domestic projects and would-be investment, forcing the U.S. to double-down on our already outsized import reliance from countries with questionable labor, safety and environmental practices."

Environmental groups praised the proposed change. Chris Wood, the president of Trout Unlimited, a conservation group, told Friedman, “It’s the only commodity produced off of our public lands where there is no tax or royalty." Friedman reports, "Wood added that money raised from federal royalties could help to clean up an estimated half a million abandoned mines scattered across the American West."