Legislative
Stream Buffer Zone Rule Update
Friday, 08/14/2009
On Wednesday, the U.S. District Court for the District of Columbia Circuit denied the Secretary of Interior’s motion to vacate the final 2008 stream buffer zone rule without going through the proper rulemaking process.  Judge Henry Kennedy stated that: 
·         “…by granting the Federal defendants’ motion would wrongfully permit the Federal defendants to bypass established statutory procedures for repealing an agency rule. The Administrative Procedures Act (APA) requires government agencies to follow certain procedures, including providing for public notice and comment, before enacting or amending a rule…An agency must follow the same procedures in order to repeal a rule…”
It seems the Department of Interior will have to alter its plans for addressing the stream buffer zone rule that it announced in the Obama Administration’s recent Memorandum of Understanding (MOU) on Appalachian surface coal mining. 
 
Special Session This Week
Friday, 08/14/2009
This week’s Special Session of the Legislature, as called by Governor Manchin, approved a change to the State’s Unemployment Compensation law so unemployed West Virginians could receive jobless benefit payments for a longer period of time.  The law change enables the State to capture federal jobless funds.
 
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Wagner Joins MSHA
Friday, 08/14/2009
Dr. Greg Wagner, formerly the head of NIOSH’s division of respiratory disease surveillance has joined MSHA to serve as the political Deputy Assistant Secretary.  During his time with NIOSH, Greg was a vocal advocate for, among other things, the need to reduce miner’s exposure to both coal mine dust and silica.  Greg was one of the principal authors of NIOSH’s criteria document recommending a halving of the respirable coal dust standard and has written extensively on mine worker respiratory disease.  In his new position, which does not require Senate confirmation, Greg will be the principal advisor to the Assistant Secretary and will serve in that role when required due to the absence of the Assistant Secretary.
 
FOC Golf Classic
Friday, 08/14/2009
In conjunction with the Bluefield Coal Show, there will be a Friends of Coal Golf Classic at the Fincastle Country Club in Bluefield, VA on September 15th.  Contributions will benefit The Wade Center.  The Wade Center exists to promote and nurture the growth of the children, teens and young adults of the Greater Bluefield community through practical programs and mentoring relationships.
 
Coal is a Bridge to Prosperity
Wednesday, 07/15/2009
Charleston Gazette - Editorial by Roger Nicholson - July 12, 2009
 
The Sunday Gazette-Mail on June 21 announced with much fanfare a "groundbreaking" study, authored by a West Virginia University psychologist, Michael Hendryx, and a Washington State University College of Pharmacy associate professor, Melissa Ahern, that purported to show that coal's cost outweighs its benefits. Not surprisingly, the Gazette ignores some key facts and holds Hendryx and Ahern to a much lower standard of factual rigor than it would a pro-coal industry study.
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