West Virginia has filed a “friend of the court brief” with the U.S. Supreme Court in an attempt to get the Court to rein in the federal Environmental Protection Agency when it comes to greenhouse gas emissions.

Governor Earl Ray Tomblin and State Attorney General Patrick Morrisey announced the filing last Friday. West Virginia joins the states of Kansas and Montana in the EPA challenge.  The states want the Supreme Court to take up an appeal of a lower court ruling that was in favor of the EPA. The state’s ruling allows the EPA to go too far with the Clean Air Act.  The joint announcement Friday said “the U.S. Supreme Court should hear the case to clarify that the EPA has misinterpreted the Clean Air Act and acted outside the scope of its legal and Constitutional authority.”

West Virginia Gov. Earl Ray Tomblin, a Democrat, and state Attorney General Patrick Morrisey, a Republican, teamed up Friday to ask the U.S. Supreme Court to hear a challenge to rules proposed by the U.S. Environmental Protection Agency.

The Mountain State joined Kansas and Montana in filing a friend of the court brief asking the high court to hear a challenge to a lower court ruling that upheld the EPA's interpretation of its powers under the Clean Air Act. At issue are four consolidated cases.

The states contend that ruling would allow the agency to go way too far.

In response to the growing energy industries in the tri-state area, West Liberty University's Resource Corp. kicked off a new coal and natural gas industry initiative known as the Institute for Energy and Commerce on Tuesday at the university's Highlands Center.

During a press conference at the center, WLU President Robin Capehart said the initiative is in response to the "rapidly changing economic world in which we live."

Capehart said the program will continue to fulfill the university's role in two ways: providing a quality educational experience and serving as a resource for the community, the region and the state by producing research, programs and initiatives that will "advance the knowledge base and contribute to the economic needs" of the area.

The Friends of Coal and Cabela’s in Wheeling will be teaming up for Friends of Coal “Miner Appreciation” Days at the store on June 26-29.  It will be part of their “Hometown Heroes” promotion with employee discounts extended to Friends of Coal. Details remain to be worked out but if you are an avid outdoorsman, markJune 26-29th on your calendar to join Friends of Coal in Wheeling. Check out next week’s Coal Bits for more information.

The West Virginia Division of Highways (WVDOH), Federal Highway Administration (FHWA), and the U.S. Army Corps of Engineers, Huntington District (Corps) has extended the comment period for the Draft Supplemental Environmental Impact Statement (DSEIS) prepared by the WVDOH, FHWA and the Corps for the King Coal Highway Belo to Delbarton Project and Consol of Kentucky, Inc.’s (CONSOL) CWA Section 404 Individual Permit (IP) application for the discharge of fill material into waters of the United States (U.S.) in conjunction with the construction and operation of the proposed Buffalo Mountain Surface Mine. The DSEIS was issued on March 19, 2013 and published in the Federal Register on March 29, 2013. A PDF version of the document and supporting information is available at the following web address:

http://www.transportation.wv.gov/highways/engineering/comment/kch-delodelbarton/Pages/default.aspx.

The comment period for the DSEIS has been extended to June 21, 2013. Please refer to the Public Notice dated April 1, 2013 for more information on this project.

Those who wish to file written comments may send them to:

Gregory L. Bailey, P.E. Director, Engineering Division West Virginia Division of Highways Capitol Complex Building Five, Room 317 1900 Kanawha Boulevard East Charleston, West Virginia 25305-0430

Ginger Mullins Chief, Regulatory Division U.S. Army Corps of Engineers 502 Eighth Street Huntington, West Virginia 25701 (304)399-5610