ENERGY POLICY: West Virginia’s Democratic governor Joe Manchin shoots his party’s energy plan with a rifle

In an attempt to appear independent from the Democrats in Washington and the Obama Administration, West Virginia’s Governor Joe Manchin, who is “the Democratic nominee to replace the late Sen. Robert Byrd (D-W.Va.)[,] actually fire[ed] a bullet through a piece of paper meant to symbolize last year’s House-passed cap-and-trade bill.” In his advertisement, Governor Manchin seems to channel the Tea Party more than the Democratic Party. According to The Hill, “Manchin is trying to illustrate his independence from Washington lawmakers and the Obama administration as he finds himself trailing or — at best — in a dead heat, with Republican John Raese for Byrd’s seat.”

However, Governor Manchin’s political advertisement is ridiculous. How can anyone be against “a bill to create clean energy jobs, promote energy independence, reduce global warming pollution, and transition to a clean energy economy?” In reality, there’s nothing radical about a prudent energy policy that reduces greenhouse gases and moves his state and our country towards the utilization of proven renewable energy sources. Rather than attempting to capitalize from West Virginians’ fears and ignorance, Governor Joe Manchin should be campaigning and educating people about the merits of an energy policy that moves his state and our country away from polluting fossil fuels towards a future that’s cleaner and more sustainable. Instead, Governor Manchin plays politics at the expense of the environment. For example, “Manchin announced last Wednesday that the state is suing the Environmental Protection Agency over its crackdown on mountaintop-removal practices by the coal-mining industry.”

Of course, the people that work in the coal industry (and the oil industry) who don’t want cap-and-trade legislation or any legislation that reduces greenhouse gases and promotes the adoption of renewable energy, don’t want prudent energy legislation, because they benefit from polluting the environment and making people sick. However, that doesn’t give them the right to force all Americans to continue to be disadvantaged by an imprudent energy policy that comes at a high price.

COAL, not so clean

I’m reading a long but interesting essay on the negative environmental, economic, and social justice impacts of coal mining in communities of West Virginia. Here’s a snippet from Professor McGinley’s “From pick and shovel to mountaintop removal: environmental injustice in the Appalachian coalfields” (footnotes omitted and emphasis added):

The Essay identifies a troubling paradox: Highly efficient new mining technologies, including so-called “mountaintop removal” strip mining, have resulted in the loss of tens of thousands of well paying jobs while coal production has reached record levels and many coalfield communities remain mired in economic stagnation and poverty.

.       .       .

The Essay exposes the plan and motive of some coal companies to target for extinction some communities located near modern large-scale mining operations. The plan was simple–conduct high intensity mining operations in close proximity to remote communities. When the nuisance conditions created by the mining became difficult to bear, the belief was that those affected would choose to sell out to the coal companies and move away from communities that had been family homeplaces for decades. In at least one area, a major national coal company conditioned its purchase of such homes on the sellers’ agreement to move away and never return to the area for the rest of their lives.

.       .       .

Travelers entering Williamson, the county seat of Mingo County, West Virginia, pass a faded roadsign that reads: “Welcome to the Billion Dollar Coalfields.” The irony of the greeting is hard to escape. Driving into the town which lies in the heart of central Appalachia’s coal-producing region, one sees boarded-up stores and vacant and dilapidated buildings. Discouraging economic data and high unemployment in Mingo and other coal counties of southern West Virginia confirm what the eye sees: The billions of dollars of coal reserves mined from the region have only marginally benefited local people. After a century of mining in the “billion dollar coalfields,” local communities lack funds to upgrade aging schools; tens of thousands live below the federal “poverty line”; and public services such as fire, police, sewage treatment, and libraries struggle to survive on “bare-bones” budgets.

While the economic stagnation of coalfield communities continues, highly efficient coal mines have revolutionized coal mining in Appalachia. Coal production largely from giant “mountaintop removal” strip mines and highly mechanized underground “longwall” mines approaches record levels. How does one account for the pervasive dismal economic condition in a region which could aptly be called the “Saudi Arabia of coal” ?

The answer lies in an understanding of the various forces that have shaped the history of the region. For better or worse, those forces–the coal industry and those who directly profit from mining, state and local politicians, and the United Mine Workers of America (UMWA)–led the coalfields to its present condition. Those same players continue to exert enormous influence, which promises to extend the economic status quo. The paucity of attention given by historians and legal scholars to the legal regime that provided the framework for economic development in the “billion dollar coalfields” provided the im-petus for this Essay. The hope is that the following will initiate a scholarly discussion of environmental, economic, and social justice in a region that for a century has given much more to the nation than its citizens have received in return.


Photo source for attribution. The author or licensor of this image does not endorse my work or me and their image is protected under an attribution license.

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SCOTUS rules against coal company accused of buying a West Virginia judge

John G. RobertsRecently, conservative SCOTUS justices Samuel Alito, Antonin Scalia, and Clarence Thomas in addition to Chief Justice John Roberts dissented in the SCOTUS decision—Caperton v. A.T. Massey Coal Co., Inc.—that determined a West Virginia judge should have recused himself, since “the Due Process Clause incorporated the common-law rule requiring recusal when a judge has ‘a direct, personal, substantial, pecuniary interest.’”

In this case, Chief Justice John Roberts “argued [in his dissent] that the ruling would damage public confidence in the judiciary,” since the “Court’s new ‘rule’ provides no guidance to judges and litigants about when recusal will be constitutionally required.”  However, the Court in this case asserted, “[T]he Court has identified additional instances which, as an objective matter, require recusal. These are circumstances ‘in which experience teaches that the probability of actual bias on the part of the judge or decisionmaker is too high to be constitutionally tolerable.’” The Court also provided this guidance: “The inquiry is an objective one. The Court asks not whether the judge is actually, subjectively biased, but whether the average judge in his position is ‘likely’ to be neutral, or whether there is an unconstitutional ‘potential for bias.’”

Chief Justice John Roberts also argued, “This will inevitably lead to an increase in allegations that judges are biased, however groundless those charges may be. The end result will do far more to erode public confidence in judicial impartiality than an isolated failure to recuse in a particular case.” Certainly, the courts can manage groundless charges, and I believe the dissenting conservatives justices in this case—including the Chief Justice—have done more to “erode public confidence in judicial impartiality,” especially since this case was about judicial impartiality. From Facing South:

After the Massey Energy coal mining company lost a $50 million verdict to a competitor, CEO Don Blankenship spent $3 million electing a friendly judge to West Virginia’s Supreme Court of Appeals who went on to cast the deciding vote in a case that overturned the verdict.

.       .       .

“At its core, the Caperton case was about the inherent conflict of interest when our elected officials depend on or are aided by large campaign contributions and excessive spending in the electoral process,” said Nick Nyhart, president of Public Campaign, a nonprofit that promotes public financing of elections. “Americans know that campaign contributions from wealthy special interests impact the policy decisions made by Congress on matters that affect the life and well being of all of us.”

Massey’s stock was down 6% in yesterday afternoon’s trading on the New York Stock Exchange, while other coal company stocks were down between 2 and 4%, Reuters reports.

The high court’s ruling is the latest in a series of recent setbacks for Richmond, Va.-based Massey. Last month Ohio State University President E. Gordon Gee resigned from Massey’s board under pressure from activists who argued that his promotion of sustainable energy was incompatible with Massey’s reliance on mountaintop removal mining.

And earlier this year, Santa Clara University in California divested its holdings in Massey because of the company’s record of environmental destructiveness. The company has also been the target of nonviolent protests over its environmentally destructive business practices.

White House photo by Paul Morse found here.

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