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.   

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.

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 topower our rejuvenated economy.  

As you are aware, West Virginia produces some of the highest-quality thermal coal found anywhere in the world. West Virginia’s “best in class” metallurgical coal is used for steel making and infrastructure build-out here at home and around the globe.  Our state leads the nation in exporting high-quality coal to forty-eight foreign destinations, contributing to your goal of establishing world peace by providing American energy to allies and balancing global trade. 

As the nation’s second-largest coal-producing state and the largest producer of metallurgical coal our political leadership shares your vision for coal. Governor Morrisey, Senators Capito and Justice, Congressional Representatives Miller and Moore, and West Virginia Senate President Smith and West Virginia House Speaker Hanshaw all anxiously await the opportunity to partner with you, and your energy team. We desire to work with you to upgrade and fine-tune our coal-fired plants which are so extremely important to baseload power supplies in our state and region. 

Our request: we would like to set up a meeting with you and your energy team, our coal industry and political leadership at your earliest opportunity to formulate and strengthen a partnership to combine our energy resources and expertise to take full advantage of advancing our shared goals.  

We want to partner with you to Make America and West Virginia Great Again!  

Mr. President, we believe we have a once-in-a-lifetime opportunity under your Presidency to boost this great American industry and hope you will make time to meet with us soon. 

Sincerely Yours,    

Chris Hamilton, President 
West Virginia Coal Association 

Cc:       WV Governor Patrick Morrisey 

            US Senator Shelley Moore Capito 

            US Senator Jim Justice 

            US Congresswoman Carol Miller 

            US Congressman Riley Moore 

            WV Senate President Randy Smith 

            WV House Speaker Roger Hanshaw 

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.

Dear Governor Morrisey:

Thank you for including us in the development and passage of HB 2014 “Power Generation and Consumption Act". Full implementation of this legislation will serve to solidify West Virginia's place as the nation’s "Energy State".

With coal being the centerpiece of the initial phase of this legislative act, we are eager to work with you and your staff towards shoring up our in-state coal assets so they can provide higher volumes of base load power supplies to serve growing power demands, including new data centers that are incentivized in HB 2014.