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CHARLESTON, W.Va. -- The US EPA and the U.S. Army Corps of Engineers hosted a listening session in Charleston on May 14th to solicit public input on how “Waters of the United States” (WOTUS) should be defined under the Clean Water Act.
WVCA Vice President Jason Bostic, spoke at the session, providing the WVCA’s position on the issue.
“Under the current interpretation of WOTUS, virtually every activity related to coal extraction in West Virginia is subject to Section 404 jurisdiction,” Bostic said. “As you know, this has the effect of federalizing a project- that is, subjecting it to not only 404 jurisdiction but attaching other federal regulatory programs. It also provides the federal judiciary with authority over mining operations.
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The West Virginia Public Service Commission recently issued orders that, once implemented, will extend the life of state coal-fired power plants, and through that, reinvigorate coal production in our region.
Based on provisions included in House Bill 2014, legislation to incentivize microgrid and data center development in West Virginia, the PSC orders require West Virginia’s regulated utilities to update their Integrated Resource Plans to include a detailed plant upgrade and maintenance plan, improvement compliance schedule, and cost estimate for ensuring the operation of each generating unit through their planned retirement date. The supplemental integrated resource plan shall also include an analysis of the action necessary to extend the life of each generating unit beyond their planned retirement date.
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Dear Mr. President,
On behalf of the 60,000 West Virginians who show up at a coal mine and coal-fired power plant every day, we say Thank You!
Thank you for your kind and thoughtful comments about coal mining and for taking the necessary steps to undo the job-killing, anti-coal measures enacted by your predecessor and the multitude of federal agencies that regulate virtually every aspect of coal production and consumption. With your vision and leadership, we can rebuild and sustain this great industry for all the right reasons: national security, grid stability, rebuilding American industrial might and putting more Americans to work to power our rejuvenated economy.
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The Environmental Protection Agency was in Charleston Wednesday claiming the Trump administration wants to cut red tape and permitting costs.
Defining what makes up the Waters of the United States, or WOTUS, impacts who calls the shots on making sure our water is clean and safe.
The EPA was on the losing end of a 2023 Supreme Court case and is now redefining where it is in charge and where states are. Critical wording involves the exact meaning of permanent, defining exactly what a continuous surface connection to wetlands means, and exactly what a ditch is.
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As the President and CEO of the West Virginia Coal Association, I extend my heartfelt congratulations to the West Virginia Legislature and Governor Patrick Morrisey for their bold leadership in passing HB2014, the Microgrid bill, during the recently concluded 2025 legislative regular session.
This landmark legislation is a game-changer for our state, securing the future of our coal industry while paving the way for unprecedented economic growth. HB2014 is not just a bill; it’s a blueprint for prosperity that honors our heritage and embraces innovation. Let me explain why this legislation is vital for the coal industry, our communities, and West Virginia’s economic renaissance.
For generations, coal has been the lifeblood of West Virginia, powering homes, fueling industries, and sustaining families across our state. Yet, our industry has faced relentless challenges—federal regulations, market shifts, and a push for alternative energy have threatened the livelihoods of thousands of hardworking West Virginians.





